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THE CHARTER 


CODE OF ORDINANCES 


OF 


THE CITY OF MOBILE. 


REUBEN A. LEWIS, 


UNDER THE ORDER OF THE MAYOR, ALDERMEN AND COMMON COUNCIL. 


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MOBILE, ALA.: 
ADVERTISER & REGISTER OFFICE. 
1866. 


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CHARTER. 


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CHARTER OF THE CITY OF MOBILE. 


AN ACT to consolidate the several Acts of Incorporation of the City of 
Mobile, and to alter and amend the same. 


§ 1. Be it enacted by the Senate and House of Representa- 
tives of the State of Alabama, in General Assembly convened, 

That the corporation of the city of Mobile shall iutettter Style of corpo- 
consist of a Mayor, Board of Aldermen and Board of Com- ™”°™ 

mon Council, and shall be known and styled as the “ Mayor, 

Aldermen and Common Council of the City of Mobile,” 

and by their corporate name may sue and be sued, implead May purchase 
and be impleaded, grant, receive, and do all other acts as”? 
natural persons, and may purchase and hold real, personal 

and mixed property, or dispose of the same, for the benefit 

of said city, and may have and use a city seal, which may 

be broken or altered at pleasure. 

§ 2. Be it further enacted, That the limits and boundaries Boundary of the 
of the said city of Mobile Aan Be ae follows, to wit: = 

Commencing at the North bank of Bayou Chetaugue at 
its mouth, thence running east to the east bank of Spanish 
River, thence down the east bank of said river to the 
extreme southern point of the island, thence south to a 
point which will intersect the south boundary of township 
No. 4, thence west to a point where a north line will strike 
the Bayou Chetaugue at the old portage, thence down the 
left bank of said bayou to the place of beginning. 

§ 3. Be it further enacted, That the said city of Mobile night wards. 
shall be divided into eight Wards, to be numbered and 
designated as Wards Nos. 1, 2, 3, 4, 5, 6, 7, and 8; which 
Wards shall be divided and bounded as follows: 

Ward No. 1 shall commence at the intersection of the Ward No.1. 
eastern and northern boundary lines of the city, thence 
running southwardly along the east boundary line of the 
city to its intersection with the centre of St. Louis street, 


Ward No. 2. 


Ward No. 3. 


Ward No. 4. 


Ward No. 5. 


CHARTER. 


thence westwardly along the centre of St. Louis street to 
its intersection with the centre of Franklin street, thence 
northwardly along the centre of Franklin street to its 
intersection with the north boundary line of the city, 
thence along the said north boundary line eastwardly to 
its intersection with the east boundary line of the city, 
being the place of beginning. — 

Ward No. 2 shall commence at the intersection of the 
east boundary line of the city and the centre of St. Louis 
street, thence running southwardly along the said east 
boundary line to its intersection with the centre of St. 
Francis street, thence westwardly along the centre of said 
St. Francis street to its intersection with the centre of 
Franklin street, thence northwardly along the centre of 
Franklin street to its intersection with the centre of St. 
Louis street, thence eastwardly along the centre of St. 
Louis street to its intersection with the said east boundary 
line, being the place of beginning. 

Ward No. 3 shall commence at the intersection of the 
east boundary line of the city and the centre of St. Francis 
street, thence running southwardly along said east boun- 
dary line to its intersection with the centre of Conti street, 
thence westwardly along the centre of Conti street to its 
intersection with the centre of Franklin street, thence run- 


-ning northwardly along the centre of Franklin street to its 


intersection with the centre of St. Francis street, thence 
eastwardly along the centre of St. Francis street to its 
intersection. with the said east boundary line, being the 
place of beginning. 

Ward No. 4 shall commence at the intersection of the 
east boundary line of the city and the centre of Conti 
street, thence running southwardly along said east boun- 
dary line to its intersection with the centre of Monroe 
street, thence westwardly along the centre of Monroe street 
to its intersection with the centre of Franklin street, thence 
northwardly along the centre of Franklin street to its 
intersection with the centre of Conti street, thence east- 
wardly along the centre of Conti street to its intersection 
with the said east boundary line, being the place of begin- 
ning. 

Ward No. 5 shall commence.at the intersection of the 


‘east boundary line of the city and the centre of Monroe 


CHARTER. 


street, thence running southwardly along said east boun- 
dary line to its intersection with the south boundary line of 
the city, thence westwardly along said south boundary line 
to its intersection with the centre of Franklin street, thence 
northwardly along the centre of Franklin street to its 
intersection with the centre of Monroe street, thence 
eastwardly along the centre of Monroe street to its inter- 
section with the east boundary line of the city, being the 
place of beginning. 


Ward No. 6 shall commence at the intersection of the Ward No. 6. 


south boundary line of the city and the centre of Franklin 
street, thence running northwardly along the centre of 
Franklin street to its intersection with the centre of Dau- 
phin street, thence westwardly along the centre of Dauphin 
street as far as the intersection of Wilkinson street, from 
thence south along the centre of Wilkinson street to the 
‘connection of said street with Washington Avenue, for- 
merly called Dog River road, and thence along the centre 
of said avenue or road to the south boundary line of the 
city. 

Ward No. 7 shall commence at the intersection of the 
centre of Dauphin and Franklin streets, thence running 
westwardly along the centre of Dauphin street as far as 
the intersection of Wilkinson street, from which point con- 
tinuing westwardly along the centre of the Spring Hill 
road to the west boundary line of the city, thence north- 
wardly along said west boundary line to its intersection 
with the north boundary line of the city, thence eastwardly 
along said north boundary line to its intersection with the 
centre of Franklin street, thence southwardly along the 
centre of Franklin street to its intersection with the centre 
of Dauphin street, being the place of beginning. 


Ward No. 7. 


Ward No. 8 shall commence at the centre of the inter- Ward No. g. 


section of Dauphin and Wilkinson streets and Spring Hill 
road, and from thence run northwestwardly to the western 
boundary line of the city, thence southwardly along the 
western boundary line of the city to the south boundary 
line thereof, thence along said south boundary line of the 
city to a point where said line intersects with Washington 
Avenue or Dog River road, thence north through the cen- 
tre of said Washington Avenue or Dog River road to its 


~! 


8 CHARTER. 


connection with Wilkinson street, and thence along the 
centre of Wilkinson street to the place of beginning. 
Eligibility of § 4. Be it further enacted, That no person or persons shall 
meen ana es: be eligible to the offices of mayor, aldermen or common 
mon council. council aforesaid, unless he or they be free white male 
citizens of the United States, of lawful age, and shall have 
~ lived within the corporate limits of the said city at least 
twelve months immediately preceding the time of their 
election, and shall have paid into the city treasury a tax 
within the last municipal year, unless exempted by law 
from the payment of the same. 
Fiests of len: gare Be it further enacted, That the board of aldermen 
shall consist of three aldermen for each ward, and the 
Councilmen. board of common council shall consist of eight members, 
to be elected as hereinafter provided: Provided, One of the 
said common councilmen shall reside in each of the several 
wards. 
Electionofmay- § 6. Be it further enacted, That the mayor of the said city 
ra ond the eight common councilmen shall be elected by 
ballot in general ticket, by the free white male inhabitants 
Qualification of of said city, of or over the age of twenty-one years, who 
veh are citizens of the United States, and have resided within 
the city at least twelve months immediately preceding the 
election, and who have paid into the city treasury a tax 
within the last municipal year previous to the election, 
unless exempt by law from the payment of the same; and 
Election of al- the aldermen aforesaid shall be elected by ballot by the 
aaa citizens of their respective wards, who shall be respectively 
Qualification of qualified as aforesaid; but no person shall be so eligible 
Rare. to the office of alderman, or qualified to vote for the same, 
unless he or they shall have been residents of the ward 
for at least twenty days immediately preceding the day of 
election. : 
Term of oficeot § 7. Be tt further enacted, That the persons elected at the 
mayerandcoun- municipal election held in the city of Mobile on the first 
Monday of December, A. D, 1865, to fill the respective 
offices of mayor and common council of the city of Mobile, 
pursuant to an Ordinance of the State convention of 1865, 
shall hold their offices for the term of three years from the 
date of said election; and as a new ward, called the eighth 
ward, has been created, resulting from a division of the 
sixth into two wards, therefore, on the first Monday of 


CHARTER. 
March, 1866, an election shall be held by the qualified 
voters of said city, in the manner prescribed by this Act, 
for one councilman to represent the eighth ward, whose 
term of office shall expire on the first Monday of December, 
1868; and no general election shall be held hereafter for 
either of the offices of mayor and common council oftener 
than onee in every three years; but that when a vacancy Vacaney, how 
shall occur in the meantime in either or any of said offices, “~ 
the same shall be filled in the manner now prescribed for 
the balance of the unexpired term for which such mayor 
or common councilman was elected, whose office shall be 
SO vacant. 

§ 5. Be it further enacted, That at the municipal election Election of al- 
held in and for said city, on the first Monday of December, ai 
1865, at which said election three aldermen for each of the 
then seven wards were elected by the qualified voters there- 
of, respectively, pursuant to an Ordinance of the State con- 
vention of 1865, one of which said aldermen for each ward 
shall hold his office for the term of one year, one for the 
term of two years, and one for the term of three years, 
from the date of said election in 1865, and no longer; now, 
therefore, as a new ward, called the eighth ward, has been 
created by this Act, resulting from a division of the sixth 
ward into two wards, and as one of the aldermen so elected 
resides within the limits of the eighth ward, and two re- 
side within the sixth ward, as defined herein, and in order 
that said wards may be represented as contemplated by 
this Charter, there shall be held on the first Monday of 
March, A. D. 1866, an election by the qualified voters 
thereof, for one alderman for the sixth ward, and two alder- 
men for the eighth ward, whose terms of office shall expire 
on the first Monday in December of each municipal year, 
as they may draw by lot the long or short terms, respect- Draw lots. 
ively, and that on the first day of November, 1866, if not 
already done, the said three aldermen so elected for each 
ward shall, in the presence of the board of aldermen, which 
shall be organized as now required, so far as may be, and 
in such manner as said board may direct, determine by lot 
which one of said three aldermen for each ward shall hold 
his office for one, and which for two, and which for three 
years, so that thereafter, commencing at the next election, 


in 1866, one alderman from each ward, and no more, shall 
e 


10 CHARTER. 


Cabeputae be annually elected at the said municipal election in eacl: 
year, who shall hold his office for the term of three years, 
vaopancy, How and no longer; all vacancies in said board of aldermen, by 
death or otherwise, to be filled in the manner pointed out 
by the laws now in force, and for the unexpired time of 
the persons whose office shall become vacant. 
Shall appoint § 9. Be tt further enacted, That the mayor, aldermen and 
threemspeetrs common council for the time being shall appoint three in- 
spectors for each ward in the city, to preside at the election 
Certificate of for mayor, aldermen and common council; the certificate 
ne 7a" of which inspectors shall state the number of votes taken, 
and who are highest on the list, and said certificate being 
filed with the clerk of the said city of Mobile, shall be 
evidence as to those who are elected mayor, aldermen and 
common councilmen for said city; and within three days 
after the said or any subsequent election, each person who 
Oath of office. Shall be elected shall take the following oath, viz: “Ido 
solemnly swear (or affirm) that I will truly and faithfully 
execute the duties of mayor, alderman or common council- 
man (as the case may be) as prescribed in this Act, and 
Contracts to be that I will not, during my continuance in office, be directly 
Sidi or indirectly engaged in any contract with the corporation, 
or sell to or buy from it any estate, interest or matter 
whatever, and all contracts entered into in which any 
officer or member of the corporation other than for efficient 
members, either directly or indirectly, shall be void.” 
Notice of elec  § 10. Be it further enacted, That the mayor for, the time 
bape *Y peing shall give ten days’ public notice, by advertising in 
some public newspaper printed in the said city of Mobile, 
or by posting up such notice in two or more.of the most 
public places within said city, of the time and place of 
holding said elections; which elections must.be holden in 
Inspectors haye the several wards of the said city, and the said imspectors. 
powe,  keeP or judges shall have full power and authority to keep order 
at the place of holding said elections, and to commit to the 
jail of the county for a time not exceeding forty-eight hours 
any person who shall attempt to make, or make, any dis- 
turbance at the place of holding the said elections so as to 
interfere with the peaceable and orderly conducting of said 
Duty of sheriff elections, and the sheriff of the county of Mobile, and all 
ane ty Phe’ olice officers of the city of Mobile, are hereby commanded 
to obey and carry into execution all process issued by the 


Yips CHARTER. 11 


said judges or inspectors as aforesaid, in pursuance of this 
Act; and if there should be an equal number of votes 
between any two or more persons who shall have been 
voted for at said election, and the choice of mayor, alder- 
men or common councilmen, or either of them, is prevented 
thereby, the said judges or inspectors shall declare the 
fact, and shall issue notice in the same manner and form as 
is required by this Act for the regular election, for a new 
election to fill the vacancy occasioned by those having an 
equal number of votes. 

§ 11. Be tt further enacted, That the polls for.said election Polls to be kept 
of mayor, aldermen and common councilmen shall be kept M. 14 P.M, 
open from eight o’clock in the morning until four o’clock in 
the evening, and no longer, for the reception of ballots, and 
on closing the polls the judges shall proceed immediately, 
and in a public manner, to count the ballots, and when the 
certificate of the said judges or inspectors shall be filed as 
aforesaid, the clerk shall immediately give to each person a Clerk to give 
certificate of his having been duly elected. ee 

§ 12. Be it further enacted, That if any municipal election How election 
shall be contested in the city of Mobile, it shall be before ay ones 
the jadge of the circuit court of the Mobile district, or 
judge of the city court of Mobile. Testimony may be taken How testimony 
by a justice of the peace or before a commissioner appointed serait 
by the judge trying the cause for that purpose, or may 
cause the witnesses to come before him and depose in the 
case. : 

§ 13. Be it further enacted, That the ballots at the several Ballots sealed 
polls or precincts in the city of Mobile shall be carefully pace aca 
sealed up without examination after said election, and shall 
be by the managers deposited with the city clerk, who shall 
preserve the same for fifteen days, and then, if there be no 
contest, said city clerk shall cause the same to be burned 
in his presence, but in the event of a contest they shall be 
delivered to the judge trying the same. 

§ 14. Be it further enacted, That the party contesting How notice 
shall file his application and give notice of said contest to 7°” 
the judge before whom he wishes said contest tried, and 
to the person or persons whose election is so contested, 
within fifteen days next succeeding said election. » 

§ 15. Be it further enacted, That when testimony is taken 
under this Act, the opposite party shall have two days’ 


12 CHARTER. 


previous notice of time and place, and the party taking 
Fees for deposi- depositions shall receive fees as follows, to wit: For each 
de hundred words fifteen cents, for each notice or certificate to 
the officer serving notices or subpeenas, each fifty cents, to 
be paid by the party at whose instance the said service is 
performed. 
Trial and judg- § 16. Be it further enacted, That after said testimony is 
aia completed, said judge trying the cause shall examine the 
poll list and ballots, and pronounce judgment in the case 
according to the facts developed. 
Aldermen shal § 17. Be tt further enacted, That the board of aldermei 
elect presiding kK atest 
officer, and meet Shall select one of their own body as a presiding officer; and 
once aweek- it shall be the duty of said board to convene once in each 
week, and the board of common council shall elect one ‘of 
their own body to preside over them, which board shall 
assemble weekly (but not on the same day that the board 
of aldermen convene). 
Boards to judge § 18, Be it further enacted, That the said boards of alder- 
of qualification : . 
of their mem- men and common council shall severally be the jadges of 
the election and qualification of their respeetive members 
(except so far as restricted by sections 12, 13, 14, 15, 16). 
Who shall act § 19. Be it further enacted, That in case of the sickness 
as mayor when : 2 
temporarily ab- OF temporary absence of the mayor from the city, the duties 
of his office shall be performed by the president of the 
board of common council, and in ease of the absence, 
inability or refusal of the latter to attend to the said duties, 
the same shall be performed by the president of the board 
of aldermen; and in ease of the death of the mayor, his 
resignation, or inability to discharge the duties of his office, 
or absence from the city for two consecutive months without 
When declared permission of both boards, his office shall be declared 
Geren vacant by said boards, who, after giving five days’ publie 
Vacancy,how notice, Shall proceed in joint convention to elect his suc- 
filled. 3 ; 
cessor, and until such successor is elected and qualified, all 
the duties of the mayor, as defined in this charter, shall be 
performed by the president of the board of common ecoun- 
eil, and in the case of his absence, inability, or refusal, 
then by the president of the board of aldermen; and the 
person so acting shall receive the salary of the mayor for 
the time being. The receiving of salary shall not apply to 
the person acting mayor in the case of sickness or tempo- 
rary absence of the mayor. 


CHARTER. a7 


§ 20. Be it further enacted, That no person residing out Of Mayor shall be 
the corporate limits of tata city shall be eligible to the arte bee 1 
office of mayor of said city; and if the mayor shall, after 
his election, remove his domicil out of the Linpaasy he shall 
thereby forfeit and vacate his office. 

§ 21. Be it further enacted, That in case any member of Causes for de- 
either of the boards of aitarain or common council shall joes" 
die, resign, be unable te discharge the duties of his or their 
oftice or offices, or be absent from the city for two consecu- 
tive months without leave of the board of which he is a 
member, or if any alderman or aldermen shall, after his or 
their election, remove from the ward for which he or they 
were elected, the seat of any such member or members of 
either of said boards shall be declared vacant, and the said Vacancies, how 
vacancy filled by the board in which it occurs, of which five Bie 
days’ public notice shall be given. 

22. Beit further enacted, That the said mayor, aldermen convention 
and common council shall have full power to elect or ana beara 
appoint, in a convention to consist of the mayor and the “7 *"* #8" 
said two boards, all officers and agents which may be 
deemed necessary for the purpose of said corporation, and 
the compensation, duties, and security for the faithful per- 
formance of the duties of said officers and agents shall be 
fixed by the said mayor, aldermen and common council, and 
the said officers and agents may be removed and displaced 

-at the pleasure of said convention, and the compensation compensation. 
of such officers and agents shall cease from the time of such 
displacement or removal. 

§ 23. Be it further enacted, That the terms of office of all Terms of ofice, 
officers of said city, intent elected, shall commence on cbcteda Se 
the first day of January of each year, and continue one 
year, and until their successors shall be duly elected and 
qualified. 

§ 24. Be it further enacted, That the treasurer for the time ‘treasurer to be 
being shall perform the duties of clerk of the common °° % co! 
council. . 

§ 25. Be it further enacted, That there shall be an officer Tax assessor 
called the city tax assessor, and that the city tax assessor mig 
elected on the 9th day of January, 1866, in and for the city 
of Mobile, shall hold his office for the term of three years 
from the first day of January, 1866, except when a vacancy Vacancy, how 
shall occur in the said office of assessor, by death, resigna- *"°* 


14 


CHARTER. 


tion, or removal, in which event an assessor shall be elected, 


_who shall hold his office from the date of his election to 


Office in muni- 
cipal buildings. 


fill such vacancy for the unexpired term of his predecessor, 
and that said assessor shall be elected by the mayor, alder- 
men and common council of said city every three years 
thereafter; that said assessor shall hold his office in the 
municipal buildings of said city, devote his entire time 
and attention to the duties appertaining to his said office 


. of assessor, and that the books and papers relating to his 


Duties and com- 
pensation, 


City engineer 
elected. 


Vacancies, how 
filled. 


Shall keep his 
office in munici- 
pal buildings. 


His duties. 


said office shall at all proper times be kept open to public 
inspection; that once in each year, under such regulations 
and in such periods of time as the said corporate authori- 
ties may from time to time ordain and appoint, the said 
assessor shall make an assessment of all the property in 
said city liable to be assessed, and that for the performance 
of the duties of his said office the said assessor shall be 
compensated in such manner, and to such an extent, as the 
said corporate authorities may from time to time ordain 
and establish, but in no case to be changed during the 
official term of any assessor. 

§ 26. Be it further enacted, That there shall be an officer 
called city engineer, and that the city engineer elected on | 
the 9th day of January, 1866, in and for the city of Mobile, 
shall hold his office for the term of three years from the 
first day of January, 1866, except when a vacancy shall 
occur in the said office of city engineer by death, resigna- 
tion, or removal, in which event, a city engineer shall be 
elected, who shall hold his office from the date of his 
election to fill said vacancy for the unexpired term of his 
predecessor, and the said engineer shall be elected by the 
mayor, aldermen and common council of said city every 
three years thereafter; he shall keep his office in the 
municipal buildings, together with all surveys, field notes, 
maps, charts, diagrams, ete., and all papers, etc., memo- 
randa relating to his said office of city engineer which may 
be necessary or proper for a perfect understanding of his 
acts in his said office, all of which shall be entered by him 
in suitable books, to be provided by and to be the property 
of the city, which books shail be at all times open to public 
inspection, under such regulations as the corporate author- 
ities shall from time to time prescribe. The foregoing du- 
ties to be additional to those required under existing laws - 


CHARTER. 15 


and ordinances, for all of which said city engineer shall 
receive such annual or other compensation as the corporate 
authorities shall allow. 

§ 27. Be it further enacted, That the assessor and collector Assessor and 
of taxes of said city shall be freeholders within the corpo- foots” 
rate limits of said city. Pane Cay: 

§ 28. Be it further enacted, That inspectors may be Ispection. 
appointed, their duties prescribed, their fees fixed, and 
inspection regulations adopted by the city authorities of 
Mobile, for inspection of staves, tobacco, pitch, tar, turpen- 
tine, rosin, fish, flour, salt, and oil, within the limits of the 
city. 

§ 29. Be it further enacted, That the boards of aldermen Meetings of 
and common council, respectively, shall have power to hold qutea. = 
and to adjourn their meetings from time to time, unless 
sooner called together by a written notice from the mayor, 
or the presidents of their respective boards, designating _ 
the time and place of holding such meetings; they shall 
each keep a journal of their proceedings, and shall enter 
the yeas and nays on any question, resolve or ordinance, 
at the request of any member, and their deliberations shall 
be public. 

_§ 30. Be tt further enacted, That the said mayor, alder- Authority to 
men and common council shall have full -power and ing'ee. of ves. 
authority to pass all by-laws and ordinances to regulate *** 
the stationary anchorage and moorings of vessels within 
their jurisdiction ; 

To prevent and remove nuisances, Prsvere id oa) 

And to prevent the introduction of contagious or in- Weve Musances 


Prevent intro- 
ees CARE: 5 alent eth Ad Mice Se i 
fectious diseases within the said city, by regulating the Saney licrataat 
approach of vessels having sick on board, and the landing 
the sick, or of articles calculated to produce disease, and by 
providing one or more places for the reception of the sick, 


or by any other lawful means whatsoever ; 


To establish night watches and patrols, Night-watches 
And to erect lamps; Hott lama 


To provide for licensing and regulating retailers of License, &c.,re- 
p lan & AP ge ‘ . tailers, and reg- 
liquors within the limits of said corporation, and to fix ulate” 
the sum to be paid for the same, and annulling the same May revoke. 
on good and sufficient complaint being made against any 


person holding such license ; 


16 GHARTER. 


License and reg. For the regulating hackney coaches, carriages, wagons, 
riages, wagons, Carts and drays, and for licensing the same, 


carts, drays and 


pawnbrokers. And for the regulating of pawnbrokers within the said 
city ; 

To prevent To restrain or prohibit gambling, 

gambling. ‘ : 2 : 

License and And to provide for licensing and regulating theatrical 


regulate theat- 

rical and public and other public amusements within the city; 

Regulate, &. To establish and regulate markets, and to rent out the 
Rentnialls Stalls in the same, Saving and reserving, however, at least 
stalls. two stalls in each and every market for the use of country 


To prohibit the ‘ ; 
sale of meat, People who may attend the same with marketable supplies, 


oultry, fish, or n a ie F 3 : 
Fame, except at Aad to prohibit the selling of meats, poultry, fish, or game, 
e market. : » 4 
the market. —_ except at the public market or markets ; 


To erect and re- To erect and repair bridges, to keep in repair all neces- 
pair bridges. ery : : 
To keep inre- Sary streets, avenues, drains and sewers, and to pass regu- 


pair streets, : 2 a 
venues, drains lations necessary for the preservation of the same; 


and sewers, &c. 


Tilensechim. LO provide for the licensing of chimney-sweepers, and . 

Xo weep, regulating the sweeping of chimneys and fixing the rates 
thereof ; ; 

Toestablishfre Lo establish and regulate fire wards and fire companies; 


wards and fire + 4 
companies. To sink wells and erect and repair pumps in the streets ; 


To sink wells : F : i Pe 
ae terkor pans To impose and appropriate fines, penalties and forfeitures 


in streets. % : : : 
To impose ana tor the breach of their ordinances or bylaws; 
fae neon To enact by-laws for the prevention and extinguishmen 


and forfeitures, REG 4 : eit et SE tay 
and forfdi’s of fires, and if necessary, to remove or pull down buildings 


Bae Weannd Ars OF. fences for the prevention of the spreading of the same ; 
Be preven and To erect or establish hospitals or pest houses, work 
Rome dewn-ot houses, houses of correction, penitentiary or other buildings 
tions. gee for the use of the city, or to join with the county of 
tals, pesthouses, Mobile in the erection of the same, and to have a joint 
need Bt oom control, over the same with the public authorities of the 
tentiary. nie county, and to levy and collect taxes, as preseribed by this 
lect taxes there. ACt, for defraying the expenses thereof, and all other 


for, and for all " 
other purposes, WECESSALY PULPOSES ; 


Toregulatepar: ‘To regulate partition and other fences; and to determine 


tition and other 
fences, &e. Dy Whom the same shall be made and kept in repair ; 


To prevent, To restrain and prohibit the nightly and other meetings 
nightly anc * : a Es 

me meetings, or disorderly assemblies of all persons, and to punish for » 
and disorderly such offences by affixing penalties, not exceeding fifty 


assemblages of 


all persons. = dollars for any one offence, and in case of the inability of 
any such person to pay and satisfy said fine or penalty, and 


May be confined ; 
bbe the costs thereon, to sentence such person to labor for said 


CHARTER. 17 


city for such reasonable time, not exceeding six calendar 
months for any one offence, as may be deemed equivalent 
to such penalty and costs, which said labor shall be such How desig- 


; 7 nated. 
as Shall be designated by the said mayor, aldermen and Shall haveright 


‘ ° to give bond to 
common council: Provided, That the person so fined shall satisty fine and 


have a right to give a stay bond, with approved security, °° 
to pay said fine and costs within thirty days, and if they 

fail to pay the same within that time, then execution may 
issue against the obligors on said bond ; 


To cause all vagrants, idle, disorderly or dangerous and To cauge all va- 
Bi : . : grants, idle, dis 
Suspicious persons, all persons of evil life or ill fame, and orderly or dan- 


ake ‘ : gerous and sus- 
all such as have no visible means of support, or are likely picious persons, 


3 all of evillife, or 
to become chargeable to the city as paupers, or are found who have novis- 


: , P . “ ibl f 
begging or drunk in or about the streets, or loitering in or gipport, or are 


about tippling houses, or who can show no reasonable UX¢ly to become 


paupers, or 


cause of employment or business in the city, all who have (om"¢ begging 


> ; . : } about the. 
no fixed place of residence or cannot give a good account of 2? ition 


. . ? ing about tip- 
themselves, all who are grossly indecent in language or Tiareeaeaer 


behavior publicly in the streets, and all public prostitutes, show no reason- 


or such as lead a notoriously lewd or lascivious course of posta fae 
life, to give security for their good behavior for a reasonable Blagenk ee 
time; and to indemnify the city against any charge for their give a good ac- 
support, and in case of their inability or refusal to give such Spices Racks ‘ 
security, to cause them to be contined to labor for a limited SURE Beha 


‘ : ' . or behavior pub- 
time, not exceeding six calendar months, unless such security jicly in the 


treats, and all 
shall sooner be given, which said labor shall be designated public prosti-_ 


by the said mayor, aldermen and common council, for the (Ufs.crot lewd 


or lascivious 


general benefit of the said city; and that the labor so desig- or eehnty. 


. ® : “ If unable to give 
nated may be carried into effect, the said mayor, aldermen Papeete ats ak 


j 1 a confined to la- 
and common council shall have power to appoint a person ¢" pk cmraled p 


or persons to take those so confined and sentenced to labor ing six months. 
How labor de- 


from their place of confinement to the place appointed for pire hee 
their working, and watch them while at labor, and return 

them before sundown to the place of confinement; and if Repetition of 
they shall be found afterwards offending, such security may Qesit with xs 
again be required, and for want thereof, the like proceeding  elbte 
may again be had, from time to time, as often as may be 
necessary ; 

To take care of, remove, preserve, designate, and regulate Toestablishand 
all burying grounds within the city ; rte 
To regulate weights and measures, appoint inspectors of To regulate 

lumber, fire-wood, flour, beef, pork, fish, and all other salt weeneen4 


3 


18 CHARTER. 


To appoint in. provisions whatsoever; and in order to prevent fraud and 

spectors of lum- 

ber, fire-wood, JmMposition by gas pinpamied. power is hereby given to 

flour, beef, pork, 

fish, and other’ Create the office of inspector of gas metres, and to define 
It 

To percent and regulate his powers and duties by ordinance; and to 


d , 
sition by gas” Pass all such resolutions, by-laws and ordinances as they, 


companies, and or a majority of them, may deem requisite and necessary 


ona mapeewer of for the good government of the said city, not contrary to 
To passall such the laws of the State of Alabama. 


resolutions, by- 


lawsandordi- — § 31, Be it further enacted, That the said mayor, aldermen 


nances aS may 


be necessary. _ and common council shall rave full power and authority .to 
Toestablishand 


open ferries’ establish ferries across the river Mobile, within the limits 
across Mobile 


river. sch of said city, and regulate the rates of ferriage, to establish 
0 estadls 


and keep open and keep open all sidewalks, drains and sewers, which 
side-walks, ; 
drains and sew- they may deem necessary for the convenience or health of 


it the citizens. 

Mayorandeach § 32. Be it further enacted, That the mayor and each of 
anilicotmenren the aldermen, and each member of the board of common 
tha panck ek 4 council, shall be conservators of the peace in and for the 
city of Mobile, and shall have power to examine and com- 
mit, or discharge on bail, all persons charged with criminal 
offences, in the same manner as justices of the peace, but 
shall exercise no other judicial functions whatever, and shall 
Mayor’s author- hot receive any fees or perquisites; and the mayor shall 
‘ty as toseame? have authority concurrent with a justice of the peace to 
arrest and commit to prison deserting seamen and mariners 
- from vessels in the merchant service, under the provisions 
of an Act passed at the fifth annual session of the general 
assembly, entitled ‘“‘An Act in relation to seamen belonging 

to vessels in the merchant service.” 
Mayor to see § 33. Be it further enacted, That it shall be the duty of 
laws executed. +e mayor to see that the eas of this corporation be duly 
Hold court each executed, and he shall hold a eourt once in each day of the 
ny, week (Sundays excepted) for the trial of all offenders 
Shallreport against its laws and ordinances; he shall report the negli- 
negligence, <4. vence, incapacity, or misconduct of any officer to the boards 
Shall lay altera. Of aldermen and common council; he shall lay before said 
tions of laws boards, from time to time, in ath such alterations in 
peed sug- the laws of the corporation, or measures for its good gov- 
ernment or interest, as he may deem necessary and proper ; 
“Salary when and he shall receive such salary as shall be fixed by the 
set two boards as soon as practicable after the municipal elec- 


tion held for said city in December of each and every year. 


CHARTER. 19 


§ 34. Be it further enacted, That in case of invasion or Im ease of inva- 


sion or insurrec- 


insurrection, or when the peace and security of the City tion. mayor 
may require it, in the opinion of the mayor, he shall have shiaealboatas 
power, and is hereby required, to call out the volunteer 

companies of the city in its defence. 

§ 35. Be it further enacted, That the mayor shall, from Mayor shall ap- 
time to time, appoint such a number of policemen to guard leramober 
and protect the city as may be designated by the boards 
of aldermen and common council, and the policemen so 
appointed shall be subject to his control in the discharge of 
their duties, and may at any time be removed by him for How removed. 
any misconduct or neglect of duty, and may also be removed Mayberemoved 
from office by a joint vote of two-thirds of the two boards °¥ 
of aldermen and common council assembled in joint con- 
vention. 

§ 36. Be it further enacted, 'That all ordinances and. reso- Ordinances and 
lutions may originate in either board, but shall be passed Sipiated aa 
by a majority of a quorum of each; a quorum for the "2% 
transaction of business shall consist of not less than a 
majority of each board; every ordinance which shall have Mayor to ap- 
been passed by both boards shall be presented to the mayor at eit 
for his approval and signature, and if he approves and 
signs the same, it shall become a law, and if he should not gow acted on 
approve it, he shall return it, with his objections, to the Ye vetee¢. 
board from whence it emanated, and at its next regular 
meeting, in case of his non-approval or failure to return as 
aforesaid, a vote of two-thirds of each board shall make it 
a law. 

§ 37. Beit further enacted, That the said mayor, aldermen Power to levy 
and common council shall have power to lay taxes on the ae 
real and personal estate, auction sales and sales of mer- 
chandise, capital employed in business, and income, within 
said city, and a head tax upon all the male inhabitants over 
the age of twenty-one and under sixty. That the said tax Assessment, 
upon the personal and real estate be laid in pursuance of '°¥ ™4* 
an assessment and valuation of the said personal and real 
estate to be made by some discreet person thereto appointed 
as assessor by the said corporation, which tax shall be laid 
in the manner following ; the said assessment or valuation, 
when completed, containing all the property as well as the 
names of the owners thereof, shall be lodged with the clerk 
of the corporation, and the mayor, aldermen and common 


20 * CHARTER. 


» council shall assess so many cents on the dollar, making no 
Assessment distinction as to any persons, and which assessment or 
open to public: valuation, together with the names of the persons liable to 

taxation, with the tax laid thereon, shall be open for inspec- 
Noticetobe tion to all and every person interested therein, and the 
a be said mayor, aldermen and common council shall give ten 
days’ public notice in some newspaper printed within the 
limits of the city of Mobile that the said assessment or 
valuation, together with the tax laid thereon, is ready for 
Objections. inspection, and if any person shall be dissatisfied with said 
assessment or valuation, or tax laid thereon, he shall give 
notice to the mayor, aldermen and common council to alter 
said assessment or valuation, together with the tax assessed. 
thereon, as to them shall seem meet, (witnesses shall be 
heard on oath to affix a proper valuation,) but their decision 
shall be final as to all questions or objections that may be 
brought before them in reference to the said assessment or 
valuation, and the tax assessed thereon as aforesaid; and 
after twenty days have elapsed from giving the notice that 
the said valuation or assessment, together with the tax 
assessed thereon, as aforesaid, are ready for public inspec- 
tion, the said mayor shall issue his warrant, annexed to the 
tax list, to the collector of the corporation, containing a 
description of the real estate taxed, together with its valua- 
tion and the taxes assessed thereon, and also the amount 
of the personal property valued or assessed to each person, 
Head tax. together with the tax assessed thereon, and the name of 
each person lable to a head tax, and the amount of such 
Sales of mer. head tax laid: Provided, That each person liable to pay 
Po Nathtk te the tax upon sales at auction and sales of merchandise 
be made to tax shall, once in every three months, to wit: on the first day 
of January, first day of April, first day of July, and first 
day of October, give in, under oath, the gross amount of 
sales of each three months from the first day of October, 
1865, and each three months thereafter, to the city tax 
collector, whose duty it shall be to collect the tax so laid 
by the mayor, aldermen and common council; and upon the 
failure of any person to report such sales for the preceding 
quarter, then the mayor, aldermen and common council 
may provide and enforce such penalties as they may deem 
necessary for the enforcement and collection of such taxes: 


CHARTER. ; 21 


And provided further, That no tax shall be laid upon sales Judicial sales 
under judicial proceedings, guardians’, executors’ and ad- °°?" 
ministrators’ sales, and sales of property under the provi- 

sions of deeds for the security or payment of debt, but it Sales of cotton 
is expressly understood that the duties of the tax collector, ~~” ha 

for the collection of sales of merchandise, shall in no wise 

relate to the sales of cotton. 

§ 38. Be it further enacted, That the taxes’ on real and Assessment 
personal property, and all other taxes and dues laid and affect of fae 
assessed by the said mayor, aldermen and common council, “°"” 
shall have the force and effect of a judgment at law against 
the individual assessed with the same. It shall be the Tax collector's 
duty of the tax collector, after giving thirty days’ notice (Wyvrona 
in some public newspaper printed in the city of Mobile 
that the city taxes (or the particular tax or due, as the case 
may be,) are required to be paid to him on or before a 
certain day specified; if the same shall not be paid, to levy shall levy and 
on the personal estate of the individual or corporation ~ 
assessed, and to sell the same, or so much thereof as shall 
be sufficient to pay the tax assessed, and one dollar to the 
tax collector for making the levy and sale, and the sale 
Shall be advertised for the space of ten days at the mayor’s 
office. 
§ 39. Be it further enacted, That the tax collector may Cottector may 
sell real or personal property for taxes without the neces- Peeper 
sity of exhausting the personal property before selling real 8°"! Property: 
estate, as required by law, either for city or special taxes of 
any kind. 

§ 40. Be it further enacted, That no prosecution, suit, or No proceeding, 


. wi des &c., to be affect- 
claim whatever, pending or to be brought under existing ed by this Act, 


laws, Shall in any manner be affected, impaired or altered hina, bint de 
by the passage of this Act. 

§ 41. Be it further enacted, That if any real estate shall Tax on proper- 
be assessed to unknown owners, or to persons who are Semin 
known, and the taxes or dues assessed on them shall not °° 
be paid, and cannot be collected by a levy and sale of 
personal estate by the means provided herein, within sixty 
days from the time when the said taxes or dues are re- 
quired to be paid, then the tax collector shall give notice advertisement 
in some newspaper printed in the city of Mobile, or by a *™¢° thet 
printed sheet circulated therewith, and also kept for public 


inspection at the mayor’s office, as shall be deemed most 


Form of certifi- 
cate of sale for 
taxes. 


Collector shall 
put purchaser 
in possession. 


Clerk shall keep 
Sam of certifi- 
‘cate. 


CHARTER. 


expedient and least expensive to the city, of the lots and 
real estate on which the taxes are unpaid (describing the 
same by such numbers and abbreviations as will indicate 
the lot to be sold), and that he will at a certain time and 
place, named in the advertisement, proceed to sell such of 
the lots and lands, upon which the taxes and dues shall 
not be paid, or so much thereof as shall be sufficient to 
pay the same, and on the day appointed, or on such day as 
he may adjourn the sale, the tax collector shall proceed to 
sell any lot on which the taxes and dues shall not be paid, 
or so much thereof as will satisfy the tax, and one dollar 
as a fee for the advertisement and sale, and a certificate . 
thereof. 

§ 42. Be it further enacted, That the tax collector shall 
give to the purchaser at such sale a certificate to the 
following effect: “I, , tax collector of the city of 
Mobile, do hereby certify that the city taxes for the year 
18—, (or the particular tax or-assessment, as the case may 
be,) being due and unpaid on a lot of land in said city, 
bounded and described as follows: (here shall be inserted 
a description of the lot by metes and bounds) I have this 
day sold the same (or such undivided. fractional part as he 
may sell) to , who has paid the taxes thereon, amount- 
ing to dollars, including my fee of one dollar for the 
said sale, advertising, and this certificate, and by virtue of 
the authority to me given by law, I authorize the said 
, and his assigns, to hold the said premises until the 
same shall be redeemed according to law. Witness my 
hand, and seal of the corporation, this —— day of ——, 
18—.” And the mayor shall cause the seal of the city to be 
affixed to the said certificate. The tax collector is hereby 
empowered, and it shall be his duty, to put the purchaser 
in possession of the premises: sold to him within thirty 
days after the sealing of the certificate, which shall be 
evidence of a right to possess the premises therein specified 
and to retain the possession until the same shall be re- 
deemed in the manner hereinafter provided. 

§ 45. Be it further enacted, That it shall be the duty of 
the mayor to cause the clerk of the corporation, or such 
other person as may be charged with the duties, to record 
each of the said certificates in a well bound book to be 
kept for that purpose, before he shall permit the seal of 


CHARTER. 23 


the city to be affixed, and no other fees or charges shall be 
received for advertising, said certificate, seal and record, 
than is prescribed by this Act. 

§ 44. Be it further enacted, That any lot thus sold may How property 
be redeemed within twelve months from the day of sale, Say bere. 
by any person claiming title, who will deposit with the ““™** 
treasurer of the city of Mobile, for the use of the purchaser, 
the amount of the bid and fees so paid and twenty-five 
per cent. on the same, and thereupon the title created by 
the certificate aforesaid shall wholly cease and determine, 
and the purchaser, and all others claiming under him, 
shall relinquish the possession, and shall, after notice of 
the said redemption, be deemed unlawful and forcible de- 
tainers of said lot, and liable as such to any suit or action 
at the instance of any one entitled to the possession; and 
the said lot may in like manner be redeemed by any 
person claiming title at any time after twelve months and 
within five years from the time of sale, by paying into the 
office of the city treasurer, as before provided, the amount of 
the taxes, fees, and interest thereon, at the rate of twenty- 
five per cent. per annum from the day of sale, and on such 
payment being made, the title created by the certificate 
shall cease and determine on the first day of November 
next after the said payment, and the purchaser, and all Failing to de, 
others claiminig under him, shall relinquish the possession, twity of wales 
and, after notice of the said redemption, shall be deemed ‘™ °°" 
unlawful and forcible detainers, and as such liable to any 
suit or action at the instance of any one entitled to the 
possession. 

§ 45. Be it further enacted, That it shall be the duty of Form of certif- 


° . ‘ cate to be given 
the treasurer of the city of Mobile to give any person who by treasurer to 


shall redeem any lot sold for taxes, a certificate to the fe oe 
following effect: ‘I, , treasurer of the city of Mobile, 
do hereby certify that , claiming title to a certain lot 
in the city of Mobile, known and described as follows: 
(here shall be a marked description of the lot by metes and 
bounds) has this day paid into my office, for the use of the 
purchaser, the sum of dollars, being the amount for 
which said lot was sold, the fees thereon, and twenty-five 
per cent. on the same, (or interest on the same at the rate 
of twenty-five per cent. per annum, as the case may be,) 
the said lot is therefore redeemed. Witness my hand and 


24 


Certificate to be 
recorded. 


Treasuret’s fee. 


How tax title 
may be per- 
fected. 


Certificate is 
conclusive evi- 
dence. 


Act remedial. 


Collector shall 
be charged with 
all the assess- 


ment. 
How relieved. 


CHARTER. 


seal at the city of Mobile, this day of ——, 18—;” and 
it shall be the duty of the mayor to cause the seal of the 
city to be affixed to the certificate, which shall be recorded 
in the same book as the certificates issued by the tax 
collector; and the treasurer shall be entitled to receive a 
fee of one dollar for the said certificate. 

§ 46. Be it further enacted, That if the lot so sold shall 
not be redeemed within the period of five years from the 
day of sale, the purchaser, his heirs or assigns, may perfect 
the title to the lot purchased by publishing the certificate 
issued by the tax collector for the term of three months in 
some newspaper printed in the city of Mobile, with the 
following notice subjoined: ‘All persons claiming interest in 
the above described lot are required to exhibit their claims 
by commencing suit against me in the cireuit court of 
Mobile county, within six months from the date of this 
advertisement, or their claims will be forever barred ;” and 
if no suit is commenced within the said term of six months, 
the title under the certificate shall be complete and perfect, 
and if suit is commenced within six months after the 
publication of such notice, no damages shall be recovered, 
nor shall a writ of possession issue in the event of a 
recovery, unless the plaintiff shail pay the taxes due on 
the same, and fees and interest at the rate of twenty-five 
per cent. per annum on the same, and the cost of the 
advertisement, to be adjudged by the court, on the sugges- 
tion of the defendant: Provided, however, That no estate of 
any infant, feme covert, or insane person, shall be barred 
if they commence their action within three years after the 
removal of their disability to sue. 

§ 47. Be it further enacted, That the certificate aforesaid 
shall be conclusive evidence of the regularity of all previous 
proceedings, and this Act shall be construed as a remedial 
Act. . 

§ 48. Be it further enacted, That the tax collector shall be 
charged with and accountable for the whole amount of the 
assessed taxes for each year, and he shall only discharge 
himself from such accountability by showing an account of 
the entire insolvency of the persons assessed, and by show- 
ing that the amount of his account cannot be collected by 
the exercise of the means given by the foregoing sections, 


CHARTER. 25 


§ 49. Beit further enacted, That such part or portion of Taxes not col- 
the assessed taxes as cannot be collected by the means seats (hens ve 
before stated, shall continue a lien on the property assessed 
until paid, and the tax collector shall be authorized from 
time to time to offer and expose to sale, under the foregoing 
provisions, such lots or other property as shall not have 
the tax paid thereon, and the same certificates shall be 
given in cases of any subsequent sale, and similar proceed- 
ings shall be had thereon. 

§ 50. Be it further enacted, That if any purchaser of a Purchaser at 
lot under a sale by a tax collector shall fail or omit to pay But tees” 
any subsequent tax or assessment, he shall forfeit all right eihtrand ote 
under his certificate, and shall be bound to relinquish the {yh te Pree 
possession, and if the said lot shall be subsequently sold Failing to do so, 
for taxes, the person so holding under the first sale shall, of unlawful e- 
after notice, be deemed guilty of unlawful and forcible Sci 
detainer, and shall be liable to any suit or action at the 
instance of any person entitled to its possession. 

§ 51. Be it further enacted, That the corporate authorities Power to assess 


" and collect taxes 
aforesaid shall have power to assess and collect a tax on on all property 


all property sold upon the wharves of the city of Mobile, saree me 


shipboard 
or on shipboard, or otherwise, before the same shall be Otherwise. be- 
stored: Provided, This section shall not be construed to Ore sres ota. 


allow any assessment on cotton, or other staple production, Pie nreductions 
imported into said city from the interior of the States of {espr' = 
Alabama or Mississippi. 

§ 52. Be it further enacted, That the corporate authorities Tax on all. pub- 
aforesaid shall have authority to assess a tax on any public games, &e. 
balls, shows, exhibitions, theatrical entertainments, billiard 
tables, nine-pin alleys, ten-pin alleys, bowling alleys, and 
any and every other public game or public place of amuse- 
ment, and the amoung of taxes provided for by this section 
shall be fixed and determined by the mayor and the pre- 
siding officers of the boards of aldermen and common 
council, as hereinbefore provided. 

§ 53. Be vt further enacted, 'That full power and authority Power, and col- 
is hereby given to the corporate authorities aforesaid to ‘°"™ % %* 
establish such rules and regulations for the collections of 
the dues, taxes, and revenues hereby provided, and to use 
all lawful process and proceedings which they may deem 
requisite to enforce the same, and also to impose such fine 

4 


CHARTER. 


or penalty for the violation of any provision of this Act, as 
they may deem requisite, and collect the same as- other 
fines are collected. 


Taxonitinerant § 54. Be it further enacted, That the corporate authorities 


or transient 


merchants, and Shall have power to levy a tax on itinerant or transient 


vessels, 


Public faith, 
how pledged. 


Assessors shall 
make oath 
thereof. 


> 


Three grades. 


Duty of asses- 
sor. 


Proviso not to 
extend to 
licenses for re- 
tailers, &c. 


merchants, steamboats, or other vessels, which shall remain 
in said corporation less than one year, which taxes shall 
be laid and collected at any time the corporate authorities 
may direct. 

§ 55. Be it further enacted, That in no case shall the faith 
of the city be pledged for the payment of money unless it 
be by a vote of two-thirds of both boards and the sanction 
of the mayor of the city. 

§ 56. Be it further enacted, That the corporate authorities 
of the city of Mobile shall have the authority to assess and 
collect from all persons or corporations trading or carrying 
on any business, trade, or profession, by an agent or other- 
wise, within the limits of said city, a license tax, which 
shall be assessed in three grades; the amount of said 
license tax for each grade shall be fixed by ordinance, from 
time to time, as may be deemed necessary, and it shall be 
the duty of the city assessor to assess and collect, under 
such ordinance, from the person subject to said license tax, 
according to their true and proper grades, respectively, and 
according to his best judgment, with a just regard to the 
extent, amount, and profits of the trade, business, or pro- 
fession of the person so assessed; and no person shall be | 
required to pay more than one of said grades in any one 
year, nor shall more than one license tax under this Act 
be assessed against the partners of any firm trading or 
carrying on any business of said firm, where the firm is 
assessed: Provided, That nothing in this Act shall be con- 
strued to apply to or affect licenses granted, or which may 
be granted, to retailers of liquor, keepers of taverns, | 
billiard tables, nine-pin alleys, ten-pin alleys, circus, or 
other theatrical exhibitions for public amusement, auction 
sales, or sales of merchandise, capital or income, nor shall 
any tax assessed or paid on real or personal property, or 
taxes on any other property, by any party, operate as an 
exemption from such license tax, as herein provided, and 
all the provisions of the statutes heretofore passed con- 
flicting with the provisions of this section are hereby 


CHARTER. 27 


repealed: Provided further, That this Act shall not affect Proviso not to 
any mechanic who employs no capital, but conducts his eae ieee 
trade solely by his own skill’and attention, without the °"?'°"°* 
aid of employees. 

§ 57. Be ét further enacted, That in all cases in which Assessment 
the assessor for city taxes of the city of Mobile shall be cat eye 
authorized by law to assess the value of real or personal 
_ estate in said city, the only rule of appraisement shall be 
the cash value of the property so assessed; and the assessor Assessor shall 
shall, in all such cases of assessment, make oath or affirma- tenet 
tion before the mayor of said city, or some lawfully qualified 
justice of the peace, that he, the said assessor, has valued 
and set in the tax list the property so assessed by him, 
according to his best judgment, at its value in money at 
the time of the assessment, which oath or affirmation shall 
be written at the end of every such assessment list, and 
shall be subscribed by the assessor making such assess- 
ment. 

§ 58. Be tt further enacted, That it shall be lawful for the Powers of 
mayor, aldermen and common council of the city of Mobile melons 
to pave, shell, or plank any street or streets, part or parts epi aa Seg i 
of a street, within the limits ef said city, whenever they 
deem it expedient, at its own expense, or it may be done How made. 
upen the written application of the owners of at least one- 
third in quantity of the real estate located on each side of 
the street or streets, part or parts of a street, which it may 
be preposed te have thus improved; which said paving, 
shelling, or planking shall be done at the expense of the 
owners of the property located upon any street or part of 
a street so improved, in such a proportion as that each 
piece of said property shall pay of the expense of any such 
improvement a fractional share thereof equal to its front 
on any such street or parts of a street so improved; and Duty of mayor 
after such improvement is complete, for the purpose of Helin hea 
ascertaining the proportion of said expenses to be paid by 
the owners of such property, it is hereby made the duty of | 
the city engineer and the mayor of said city to certify in 
writing the proper amount due from each owner, or piece 
of property whose owner is unknown, to the tax collector 
of said city, which amounts, so certified, shall be respect- Daty of tax 
ively levied on each piece of said property, and shall be aa 
collected by said corporation in like manner as the taxes 


28 CHARTER. 


on real estate are authorized to be collected under the 
provisions of this Charter; and when so collected the said 
tax collector shall pay the same to the city treasurer. 

Power to pur- § 59. Be it further enacted, That the said corporation 

chase and pay 2 

for realestate. Shall have full power and authority to purchase, and pro- 

| vide for payment of the same, all such real estate and 

personal property as may, from time to time, be deemed 
necessary and proper for the use, convenience, and im- 

Power tocrect Provement of said corporation ; and full power and author- 

water works : . : 

and gas works. Ity 18 also given to construct and erect water works, and 
gas works, for the purpose of furnishing water and light to 
the inhabitants of said city. 

Powers of § 60. Be it further enacted, That in order to carry out the 

atabnien aa system of wharfage in the city of Mobile herein provided 

aged sg for, and to establish dockage charges on vessels, and charges 
on produce and merchandise, the mayor, aldermen and 
common council of the city of Mobile shall have power 
and authority to obtain, by contract or purchase, the pro- 
perty in, or the control of, the wharves and wharf property 
of the city of Mobile, so far as the same may be practica- 
ble, and shall have power, if necessary, to issue city bonds 
bearing interest for the purchase of the same. 

Toappointcom- § 61. Be it further enacted, That in order to accomplish 

eh ey said purpose, if found practicable, the said corporation of 
Mobile shall be authorized to appoint, in such mode and 
manner as it may provide, a committee of its own mem- 
bers, who shall be charged, under the control and super- 
vision of the said corporation, with the carrying into effect 
of said wharf arrangement, with power to purchase, con- 
tract for, arrange and compromise m the name and behalf 
of the city, with all owners of wharves and wharf property, 
and to make all suitable agreements to accomplish the 
object aforesaid, so far as the same may be found practi- 
cable and expedient, under such ordinances and regulations 
as said corporation may from time to time prescribe. 

To raise reve- § 62. Be it further enacted, That said corporation shall 


ttebin’ estal-« have power to raise a revenue from such wharves and 


soe," ¥°* docks as may be under the control of the said corporation, 
by establishing and collecting a rate of dockage and wharf 
charges, to be paid by all persons receiving and shipping 
merchandise and other property, and by all ships, vessels, 
steamboats, steamships, and crafts of all deseriptions, 


CHARTER. 29 


trading to, at, and from the port of Mobile, the bay of 
Mobile, and the rivers and streams emptying into the same, 
all of which shall be sanctioned by proper ordinances of 
Said city. 

§ 63. Be it further enacted, That said corporation shall aed arias 2 
have power to appoint a proper person as superintendent of wharves; his 
of wharves, whose duty it shall be to collect and pay out a ae 
all moneys, under the control and direction of said com- 
mittee, to keep said wharves and docks in repair, and 
attend generally to the execution of the orders of said 
committee. Said superintendent shall give bond, payable Shall give bond. 
to the corporate authorities of the city of Mobile, in such 
sum as the corporation may reqttire, conditioned for the 
faithful discharge of the duties of his office; and the said Power to ap- 
corporation shall also appoint all such clerks and agents sidageiue al 
as may be needed, the compensation of all of which, as "°°" 
well as that of the superintendent, shall be fixed by the 
corporate authorities. . 

§ 64. Be it further enacted, That in order to enable the Power to levy 
corporate athorities of the city of Mobile to carry into ceed aie 9 Sb 
full effect the arrangement contemplated in this Act, said 
corporate authorities shall have power to levy a special 
tax on the real and personal estate, and all other property 
liable to taxation in the city, which tax shall be collected 
by the city tax collector, under such powers, rules and 
regulations, as are provided by law for the collection of 
other city taxes, and paid over by him as fast as collected 
into the treasury of said corporation; and it shall be the 
duty of the said corporation to appropriate the money 
thus received to the building of wharves over such slips as 
are now, or may hereafter become, the property of the 
city, or in the construction of a levee or levees, under such 
regulations and upon such plans as may be prescribed by 
the city authorities, and in no case or event shall the money 
thus collected be appropriated to any other use or purpose 
whatever. 

§ 65. Be it further enacted, That the financial year shall Financial year 
commence on the first day of January. | i oa neh 

§ 66, Be it further enacted, That the mayor and aldermen Mayer and 
‘and common councilmen of the city of Mobile shall, at the noe onmintttes 
annual convention for the election of officers, elect four” °°" 
master mechanics of the city of Mobile to be measurers 


30 


A difference 
concerning 
work to be re- 
ferred to the 
cemmittee. 


Mode of pro- 
ceeding. 


Proviso. 


‘Work not faith- 
fully dene, 


CHARTER. 


and estimators of work, and the said four shall be ealled 
the Committee of Master Mechanics of the city of Mobile. 

§ 67. Be it further enacted, That whenever any difference 
arises between persons interested in any work done to or 
on any building within the city of Mobile concerning said 
work, whether the same be as to quantity or quality of the 
work, the said difference shall be, at the suggestion of 
either of the parties interested, referred to the said com- 
mittee of master mechanics, in manner and form herein- 
after provided. 

§ 68. Be it further enacted, That any person or persons 
wishing to avail him or themselves of the privileges of 
this Act, shall give notice in writing to the said committee 
that a difference has arisen between himself and another, 
or others, touching the quantity of work done or the quality 
thereof (as the case may be), on any building or buildings 
(describing the same), whereupon it shall be the duty of 
the said committee, or a majority thereof, to give notice in 
writing to all parties interested, if the same be practicable, 
and if not practicable, public notice in a newspaper printed 
in the city of Mobile, that they intend, at a certain time 
and place, to be mentioned in said notice—the time being 
not less than two nor more than ten days from the service 
or appearance of said notice—to proceed to measure the 
quantity, or estimate the quality (as the case may be) of . 
such work, and at the same time and place so appointed 
the said committee, or a majority thereof, shall proceed to 
measure and estimate as aforesaid, and shall thereupon 
give to the party at whose instance the same was done, 
and to such others as may require it, a certificate setting 
forth their doings in the premises; and the said certificate, 
under the proper hands and seals of the said committee, or 
a majority thereof, shall be held and deemed in any court 
in this State evidence as to the quantity or quality of the 
work in question, and also as to any notice required by 
this Act: Provided, That nothing contained in this Act 
shall prevent any person who may feel himself aggrieved 
by any such survey.from his right of appeal. 

§ 69. Be tt further enacted, That with regard to the qual- 
ity of any work done, as aforesaid, the said committee 
shall, when it shall seem to them, or a majority of them, 
that the same has not been done in a workmanlike manner, 


CHARTER. 31 


barely certify the per centage that shall be deducted in 
consequence thereof. 

§ 70. Be it further enacted, That any vacancy or vacan- Vacancies, how 
cies which may occur by death, resignation, absence of ae 
sixty days or removal from the city, or refusal to act, shall 
be filled by the mayor, aldermen and common council as 
other vacancies are filled. | 

§ 71. Be it further enacted, That the said committee shall compensation. 
be entitled to such compensation as the mayor, aldermen 
and cominon council shall from time to time establish by 
ordinance, which compensation the parties interested in 
said work shall pay, share and share alike. 

§ 72. Be wt further enacted, That all suits brought by Recovery of 
said committee for the recovery of fees, shall be in the sey 
name of the committee of mechanics of Mobile. 

§ 73. Be it further enacted, That every member of said oath of oftice. 
committee shall, before he enters upon the discharge of the 
duties of his office, take and subscribe an oath faithfully 
and impartially to discharge the duties of his office so long 
as he may continue therein, which oath shall be filed in 
the office of the clerk of the city of Mobile. 

§ 74. Beit further enacted, That the mayor, aldermen and Mayor ana 


aldermen to 


common council of said city shall have power and authority, have concur- 
concurrent with the probate court and overseers of the Sty Goats 
poor of this State, to provide for the indigent, lame, blind, Toren’ °° 
and others not able to maintain themselves within said 
city, and also to bind out as apprentices such orphans and 
poor children within the limits of said city as, in the 
opinion of the said mayor, aldermen and common council, 
may require it, in the same manner and under the same 
regulations as the probate court and overseers of the poor 
now do, and require from the masters of such persons that 
they engage in a covenant, entered into with the said 
mayor, aldermen and common council, that they will pro- 
vide for such apprentices such food, clothing, instruction, 
and edutation as the said mayor, aldermen and common 
council may require, the same to be specified in such 
covenant. 

§ 75. Be it further enacted, That there shall be appointed port wardens, 
‘by the mayor, the president of the board of aldermen, BOW AUDOUt Nod 
and the president of the board of common council of the 


32 


Shall keep 
records. 


Duty of harbor 
master to regu- 
late ships, 
boats, &c. 


To adjust their 
spars. 


Penalty for fail- 
ing or refusing 
to obey. 


CHARTER. 


city of Mobile, on the commencement of each municipal 
year, five persons, who. shall be denominated port war- 
dens, one of whom shall be designated as and shali serve 
as harbor master, all of whom shall devote their whole 
time to the discharge of the duties required of them by 
this Act, and for any refusal or neglect thereof, or for 
improper conduct in the discharge of their duties, the said 
mayor and the president of the boards of aldermen and 
common council are hereby authorized to remove them, 
one or all, and to appoint others in their stead. 

§ 76. Be wt further enacted, That the said harbor master 
and wardens shall have an office in the city of Mobile, in 
which shall be kept, for the inspection of all persons 
therein interested, in a book or books to be provided for 
that purpose, a full and complete record of all their official 
acts. 

§ 77. Be it further enacted, That it shall be the duty of 
the harbor master to regulate and station all ships and 
vessels arriving within the bay and corporate limits of the 
city of Mobile, and from time to time to remove such ships 
or vessels as are not employed in receiving or discharging 
their cargoes, to make room for such others as require to 
be moored immediately—accommodating them for the pur- 
pose of receiving or discharging cargo; and as to the fact 
of their being fairly and bona jide employed in receiving 
or discharging cargo, the said harbor master is hereby 
constituted sole judge; and the said harbor master shall 
have authority to require masters and others having charge 
of ships and vessels made fast to any of the wharves, to 
so adjust their spars that they will not interfere with other 
vessels, or project over any of the streets in said city, and 
shall also have authority to determine how far and in what 
instances it is the duty of masters and others having. 
charge of ships and vessels to accommodate each other in 
their respective situations; and if any master or other 
person having charge of any ship or vessel shall resist or 
oppose the harbor master in the execution of the duties of 
his office, such master or other person shall be fined for 
every such offence a sum not exceeding fifty dollars, to be 
imposed by the mayor, and collected as other fines, and all 
such fines shall be paid into the treasury of the city of 


CHARTER. 33 


Mobile; and the said harbor master, in case of sick- In case of sick- 
ness or temporary absence, shall have power to appoint of after eet 
one of the wardens, his deputy, who shall be invested Geet eu” 
with all ‘the powers conferred by this Act on the harbor 

master. 

§ 78. Be tt further enacted, That it shall be the duty of Duties of har- 
the said harbor master and wardens, or any one of them, faces ne 
on application being made to them for the purpose, to Aapoed eta 
inspect and be present at the opening of the hatches of all Vo" ey ebee® 
vessels arriving within the bay and corporate limits of the °°" 
city of Mobile, and to survey the storage of their cargoes ; 
and in making record, as aforesaid, of such inspection of 
hatches, they shall state whether they were properly 
covered and secured, and of cargo, they shall designate 
every package of merchandise surveyed by marks and 
numbers, and if such package or packages have appear- — 
ances of being damaged, they shall state how such package 
appeared to have received damage. 

§ 79. Be it further enacted, That it shall be the duty of To inspect cot- 
the said harbor master and wardens, or any two of them, chanaiae 
when applied to for that purpose, to inspect all damaged 
cotton or other merchandise arriving in the bay and city 
of Mobile, and to attend and direct the sale thereof at To attend and 

5 Wee : Sage . direct sale of 
public auction, if in their opinion the damage thereto is damaged goods, 
sufficient to justify its sale, and the owner or consignee Nt aeeglalaeae 
thereof orders it. sold under their direction, and to give a Shall give certi- 
certificate of such survey, and of the correctness of the *“ 
sales, under their hands and official seal: Provided, That 48 hours’ notice 
they shall direct and certify no sale of damaged cotton or bas hah 
other merchandise at public auction, unless forty-eight 
hours’ notice of the time and place of such sale or sales 
has been given in one of the newspapers of the city of 
Mobile. 

§ 80. Be it further enacted, That the said harbor master To survey ves. 
and wardens, or any two of them, when called upon by the Bderontsenthies 
master, owner or consignee to survey any ship or vessel, (erred 
shall have power to employ a carpenter or carpenters to 
open the ceiling, strip the sheathing, bore the timbers, and 
perform such other work as shall be necessary to enable 
them to make a correct survey, and to employ laborers to 
move, open, cooper, or otherwise arrange cotton or other 


5 


34 


CHARTER. 


At the expense~Inerchandise they may survey, the expense of all which 


of owner. 


Fees for survey 


For sales and 
certificate. 


Proviso. 


Disposition of 
revenue, 


shall be paid by the owner, master or consignee of such 
ships, or vessels, or cotton, or other merchandise. 

§ 81. Be it further enacted, That for the survey to be 
performed by the said harbor master and port wardens 
by virtue of this Act, there shall be paid by the owner, 
master or consignee of any vessel or cargo, the following 
fees, to wit: For every ship or vessel that may come within 
the bay and corporate limits of the city of Mobile and 
load, discharge, or make fast to any of the wharves in said 
city, at and after the rate of three cents per ton, to be com- 
puted upon the tonnage expressed in the register or en- 
rollment of such ship or vessel; for every survey of the 
hatches or of the storage of the cargo of any ship or ves- 
sel, three dollars; for every survey of damaged cotton or 
other merchandise, ten dollars; for every survey of any 
ship or vessel, ten dollars; and for attending, directing, and 
certifying the sales of damaged cotton or other merchan- 
dise, as required by this Act, they shall be entitled to the 
following compensation, to wit: On sums of two hundred 
dollars and under, five per cent.; over two hundred and not 
exceeding five hundred, two per cent.; over five hundred 
and not exceeding one thousand dollars, one per cent.; and 
over one thousand dollars, one-quarter of one per cent: 
Provided, That the foregoing charges of three cents per 
ton shall not be paid on flatboats, and that it shall not be 
required more than once in each year from packets and 
regular traders between New Orleans and Mobile, and 
Pensacola and Mobile, and American steamers engaged as 
regular packets to Mobile, and from steamboats and barges 
employed on the rivers that. flow into Mobile bay: And 
provided further, That the number of such port wardens, 
their fees and rates of compensation, in the port and bay 
of Mobile, may be changed by said corporate authorities, 
from time to time, as they may deem necessary and 
expedient. . 

§ 82. Be it further enacted, That all the revenues arising 
to the harbor master and wardens for the services required 
of them by this Act, shall constitute one fund, out of 
which shall be paid—first, all their office expenses, then 
there shall be paid to the harbor master the sum of five 


. hundred dollars: the residue of said funds shall be divided 


CHARTER. 3D 


equally between the said harbor master and wardens, share 
and share alike. 

— § 83. Be it further enacted, That no person acting aS Qualification. 
agent or inspector of any insurance company, or any owner 
or consignee of any ship or vessel, or any person employed 
by the owner, master, or consignee of any ship or vessel, 
for any purpose in connection with ships or vessels, except 
as provided by this Act, or any person who furnishes 
supplies or material of any description to any ship or 
vessel, or any person having any direct or indirect interest 
in the business of auctioneering, shall be appointed a 
harbor master or port warden. 

§ 84. Be it further enacted, That the harbor master and Harbor master 
wardens of the port of Mobile be, and they are hereby, ees tartan is 
authorized to point out and direct where ballast shall be °° ?!#cc¢- 
discharged in or about the bay of Mobile; and that the penalty. 
master or officer of any vessel, or other person who may 
violate such directions, after the same shall have been 
given or published, and discharge the same at any other 
than the place or places pointed out, as aforesaid, shall 
forfeit and pay the sum of five hundred dollars for every 
such offence, with costs, to be recovered before any court 
having competent jurisdiction, at the suit of the harbor 
master, one-half of which shall be paid to the person or 
persons giving information of the same, and the other half 
to the use of the city of Mobile. 

§ 85. Be it further enacted, That the boards of mayor, May require 
aldermen and common council shall have power to require Sota ‘cee na 
the fencing or enclosing any vacant lot within the limits of 
the city; to require lots to be cleansed and cleared of all Lots to be 
such nuisances as to the said boards may seem necessary weaned abcal 


to be removed; to require sidewalks to be made fronting ‘To require side- 


any lots within the corporate limits, and in every instance Fe here 


where no owner or agent can be found to make such clean- {w7er's u 

ing and improvements, or in case of the refusal or neglect How enforced 
of the owners or agents to comply with the orders of the Bila tote 
authorities aforesaid, then the said boards may cause the 

same to be done, and let out such lot or lots for such term 

of time as will cover the expenses incurred in so cleansing 

or improving any such lots, having first given ten days’ 

public notice thereof in one of the newspapers published 

in the city of Mobile. 


36 CHARTER. 


Buildingsmay § 86. Be it further enacted, That the mayor, aldermen 
be regulated. “and common council shall have full power and authority to 
prohibit and prevent the erection and construction of all 
kind of wooden or other buildings, except those erected or 
constructed of brick or stone, and covered with slate or 
metal, within such limits as they may deem best for the 
safety of the city. 
$15 per day | § 87. Beit further enacied, That if any person or persons 
eso ' shall either directly or indirectly build, or cause to be built, 
eat or shall knowingly suffer or permit any wooden or other 
building or buildings, except as aforesaid, to be erected, 
built, or put upon his, or her, or their lot or lots, within such 
limits and boundaries as may be designated by the said 
mayor, boards of aldermen and common council, such person 
or persons so offending against the provisions of this Act 
shall, for each and every day he, she, or they shall continue 
so to offend, forfeit and pay the sum of fifteen dollars, to 
be recovered before the mayor or any one of the aldermen 
or common councilmen of said city. 
Ar itary tay § 88. Beit further enacted, That the mayor, aldermen and 
other buildings Egmmon council for the time being, and their successors in 
1e29 may bere- office, shall be fully authorized and empowered to remove 
such wooden or other buildings as have been erected since 
the first of January in the year of our Lord eighteen hun- 
dred and twenty-nine, except those constructed of brick or 
stone, as have been or may be erected, built, or put up 
within the limits to be defined as aforesaid by said corpo- 
ration, which removal shall be at the expense of the city: 
Proviso, should Provided, always, That the said mayor, aldermen and. 
be necessary. common council be of opinion that the protection of said 
city, and its safety and security from fire, will be inereased 
Equitablecom. by the removal of said wooden or other buildings: And 
onto” »rovided, also, That they first pay to the owner or owners 
thereof such equitable compensation in damages as a jury 
of freeholders in said city, to be summoned and sworn as 
in other cases by the mayor for the time being, shall be of 
opinion that he, she, or they may sustain thereby. 


Defaulting § 89. Bett further enacted, That for any default of attend- 
juror, how P"™- ance of any juror who may be drawn and summoned under 


the provisions of this Act, such juror shall and may be 
fined by the mayor, or any one of the aldermen or common 


CHARTER. 37 


council, in a sum not exceeding fifty dollars: Provided, Excuse to be 
That a reasonable excuse made on oath by such defaulting 
juror shall exempt him from the payment thereof. 

§ 90. Be tt further enacted, That all physicians who may Physicians ap- 
be appointed by the said mayor, aldermen and common ites health 
council to carry into effect their ordinances in reference to """°* 
the preservation of health in the city of Mobile, shall be 
obliged to give their opinions in writing, when thereto 
requested by the said mayor, aldermen and common council, 
touching any contagious or malignant fevers prevailing 
within the limits of said city of Mobile, or any disease, 
matter, or thing which affects the health or lives of the 
inhabitants of said city. 

§ 91. Beit further enacted, That the said mayor, or either Mayor, &e., 
of the said aldermen or common councilmen, shall issue poe fa 
his process as a justice of the peace for the city of Mobile saaeeue ‘the 
for offences committed under this Act, and for a breach of Directea to 
all or any of the by-laws or ordinances of the said corpora- °° “eer 
tion, to any police officer of said corporation, who shall 
bring the offenders, in pursuance of the said process, before 
the said mayor, or the aldermen or common councilmen 
aforesaid, and the said mayor, the aldermen, or the common Mayor, &«., 
councilmen, or any one of them, shall proceed to try the %" °% 
offenders, and examine all witnesses that.may appear or be 
subpenaed before him, both on the part of the corporation 
and on the part of the delinquents, and give judgment as Shall give judg- 
to him shall appear just and legal; and if the said person Areal how 
or persons who may be brought before the said mayor, ““”™ 
aldermen or common council shall be dissatisfied with the 
decision of the said mayor, aldermen or common. council- 
men, he, she, or they may forthwith appeal to the circuit 
or city court of Mobile county, and the said person or 
persons shall give a bond, with good and sufficient security, 
to pay and satisfy the judgment, with costs, in case the 
judgment of the said mayor, aldermen or common council- 
men shall be affirmed by the said cireuit or city court, and 
the proceedings thereon shall be as are prescribed by law 
in other cases of appeal, and in case of the death of the 
person appealing, the action may be revived in the name 
of his or her personal representative. | 

§ 92. Be it further enacted, That from and after the pas- Fines, &e., may 


. ; _ ake A be enforced by 
sage of this Act, all fines and forfeitures adjudged or exceution, asin 


38 CHARTER. 


casesbefore assessed against any person or persons by the mayor or 
date: shi a any one of the aldermen or councilmen of said city, under 
or by virtue of any statute of this State, or of any proper 
ordinance of said city, may be enforced and collected 
against any such person or persons by execution, to be 
issued by the clerk of said corporation, and to be directed 
to and executed by any police officer of said city, which 
said execution shall, in all respects except in the direction 
thereof, as aforesaid, conform to and be governed by, and 
be executed by, the said officers, to whom the same is to be 
directed, in the same manner as is required by the laws 
regulating executions issued by justices of the peace of 
this State. 
Survey of city, § 93. Be it further enacted, That the said corporation be, 
canes a and they are hereby, authorized to cause a complete and 
were accurate survey to be made of the said city, agreeably to 
the courses and limits prescribed in this Act, and to estab- 
lish and fix, from time to time, permanent boundaries at 
such places as they may deem necessary and proper, for 
To divide city perpetuating the boundaries of said city, and to cause the 
into squares. squares into which the city now is, or hereafter may be 
divided, to be numbered, beginning at such point as the 
said corporation may designate, and progressing with the 
Lots. same in the manner they may direct, and also to cause the 
front and depth of each lot so numbered to be measured 
To be recorded. and specified on the survey of the said city; and after the 
said survey shall have been so made and approved by the 
corporation, the same shall be admitted to record in the 
office of the clerk of the probate court of Mobile county, 
or in such office as, at the time of completing said survey, 
shall or may by law be appointed for recording deeds. 
New streetsor  § 94. Be it further enacted, That it shall be lawful for the 
alterations. mayor, aldermen and common council of the city of Mobile 
to make any new streets, or to make any alteration, im- 
Improvements, provement, or repairs of any already made, at the expense 
&c., may be " : ‘ 5 5 : 
madeatexpense Of Said city, or it may be done upon the written application 
Tact svErtents, of the owners of at least one-fourth in quantity of the 


& °4 f eet 1: . 
cei con appl. Property through or over which any new street, alteration, 


erie hoikces of improvements, or repairs are desired to be made; and it 


at least one’ st, Shall be the duty of the mayor to give notice of such 


Al oticg te see application or intended change or alteration of any street, 


wen for thirty days, in the official journal of the city, in order 


CHARTER. 39 


that persons interested therein may signify their objections 

to the same; and if after the expiration of such notice, the r objections 
board of aldermen and common council ordain the making °°" "" 
alterations, improvements, or repairs of such street, it 

shall be at the expense of those benefited by the same; 

and it shall be the duty of the mayor to impannel a jury gury to bo im- 
of twelve freeholders of the city of Mobile, who shall Pnzced 
assess the property benefited by and adjacent to the pro- 

posed new street, alteration, improvement, or amendment, 

the fractional part of the whole sum paid or expended, or 

directed by ordinance to be paid or expended, which Assessment a 
assessment shall be a lien on the property, and collected “°""°™” 
by the said corporation in like manner as the taxes on 

real estate are collected under the provisions of this Act; 

and if the new street, alteration, improvement, or repairs When owners 
shall be requested by the owners of one-fourth part of the Ne Fi 
property, in manner aforesaid, and the same shall be made 

by reason of any ordinance of the corporation, the several 

parties benefited as aforesaid shall be compelled to con- 

tribute to the expense of making the same, although the 

forms prescribed by this section may not have been strictly 

complied with, and the request and ordinance shall alone 

be deemed essential to create the claim for contribution: 

Provided, That the street called and known by the name Proviso, Gov- 
of Government street shall be, and is hereby declared to (rye iu0 fect 
be, one hundred feet wide,:and it shall be the duty of the }\4¢; 


Northern 


I i ig istine limits, der 
said corporation to designate and distinctly mark out the nih eae: 


northern limits of said street according as the same were ment, to be 
established by the Spanish government, as nearly as can 

be ascertained by the Spanish records, by the records of 

the land office, or by any other evidence which they may 

deem necessary or satisfactory; and the limits, when so 
ascertained, marked out, and designated, shall be the 
permanent northern boundary of said street. 

§ 95. Be it further enacted, That the said corporation May change 
shall have power, and they are hereby authorized, to alter ™™°" *"°°* 
and change the names of streets of the said city whenever 
they may deem it expedient, and they shall mark the 
names, when so altered and changed, together with the 
original names thereof, on the map of said city. 

§ 96. Be it further enacted, That hereafter the number ono justice of 
of justices of the peace in and for the city of Mobile shall ope 


each ward, 


40 


Justices shall 
keep docket. 


At the expira- 
tion of ofiice to 
hand over pa- 
pers to succes- 
sor. 


Justices not to 
keep office in 
city if elected 
out of city. 


Corporation to 
appoint inspec- 
tors of election. 


Vacaney, how 
filled. 


Ordinance to 
raise money by 
taxation to buy 
property to lay 
over six days. 


CHARTER. 


not depend on the militia beats, but there shall be elected 
for each ward in the city one justice of the peace and one 
constable, by the qualified electors of said ward, who shall 
hold their office for three years, and be governed by the 
same rules, in every other respect, that now govern justices 
of the peace in their powers, duties, and fees, and their 
terms of office shall commence from the expiration of the 
terms of office of the present incumbents. 

§ 97. Be it further enacted, That all justices of the peace 
for said city shall keep a docket, on which shall be entered 
a note of each case brought before them, and of their 
orders and doings thereabouts; and that at the expiration 
of their terms of office, whether by death or otherwise, the 
said books, together with the papers of their office, shall 
be turned over to their successors in office, and imperfect 
orders, proceedings, and judgments may be perfected by 
the successor of the justice whose proceedings are thus 
defective. | 

§ 98. Be it further enacted, That from and after the pas- 
sage of this Act, justices elected in the county of Mobile, 
beyond the limits of said city, shall not be permitted to 
keep their offices within the limits of said city. 

§ 99. Be wt further enacted, That the mayor, aldermen 
and common council of the city of Mobile be charged with 
appointing inspectors and officers to hold the elections 
hereinbefore provided for, in the same manner that alder- 
men are elected; and in case of the death or resignation 
of any of the justices herein provided, his place shall be 
filled by election, in the same manner as if his term of 
office had expired, and reasonable expenses of such elee- 
tions shall be paid by the county of Mobile. 

§ 100. Be it further enacted, That. whenever it is proposed 
to raise money by the issuing of bonds, or by increased 
taxation, for the purchase of real or personal property, or 
for any other extraordinary purpose, beyond the ordinary 
and necessary demands for municipal purposes, an ordi- 
nanee authorizing the same shall be prepared and offered 
in one or the other of the boards of aldermen and com- 
mon council, which, when read shall be laid on the table, 
and further action thereon postponed until the said ordi- 
nance shall have been published for at least six days. 


CHARTER. 41 


Then for the passage of said ordinance, the yeas and nays Yeas and nays 
shall be called, and a vote of two-thirds of each of the ®??“!e¢ 
boards of aldermen and common council shall be requisite, 
and the approval of the mayor. 

§ 101. Be it further enacted, That all Acts and parts of Repealing see- 
Acts conflicting with the provisions of this Act be, and °°” 
the same are hereby, repealed. 

APPROVED 2d February, 1866. 


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INDEX TO 


ALDERMEN, 
Created, - - “ 
Eligibility of, - 
Three for each ward, - 
Election of, = - 
Term of office, - = 
Oath of, - - 
Shall not contract with city, 
How election contested, 
Shall elect presiding officer, 
Shall meet once a week, 


When president of shall act as mayor, 


Cause of vacancy, - 


May call meetings and adjourn, 


May be called by mayor, 

Shall keep journal, - 
Conseryators of the peace, 
Shall assess taxes, - 


Power of president to assess taxes on public amusements, 


Two-third vote to pledge city, 


Shall draw lots, - 


CHARTER. 


Two aldermen of eighth ward elected 
One alderman of sixth ward elected, - 


President of, with mayor and president of council, 


may elect port wardens, 
ALLEYS. 


Nine or ten-pin, or bowling ; how taxed, 


Not affected by license tax, 


AMUSEMENTS, THEATRICAL AND PUBLIC. 


Licensed, &c., - - 
How taxed, - - 
Not affected by license tax 
ASSESSOR OF TAXES. 
Elected, - - 


Term, and vacancy how (filled, 


Office in municipal buildings, 


46 INDEX TO 


ASSESSOR OF TAXES.—Continued. 


Books shall be kept open, - - - : - 14 
Shall make assessments, - - - - - 14, 26 
Compensation, - - - - - - - 14 
Shall be freeholder of the city, : - - - 15 
Shall assess license tax on business - . - - 26° 
In three grades, - - - - - - 26 
Shall make cash valuation, - - - : - 27 
And make oath thereof, - - - - - 27 
ASSESSMENT OF DAMAGES. 1 
For shelling, paving or planking streets, - - - St J kf 
Shall be collected by tax collector, - - a iets 28 ; 
For opening streets, . - - - - 38, 39 | 
ASSESSMENT OF TAXES. . 
Shall be made by assessor, - - - - - 14 
Shall be open to public, - - - - - 14 
Notice of completion to be given, - - - - 20 
Objections, how made, - . - - - - 20 
Witnesses may be heard thereon, ~ - - . : 20 
Mayor to issue warrant, - - - - - 20 
Shall have effect of judgment, . - - - ay. 
Collector shall collect, - - - - - - 2h 
Of license tax on business, - - - - - 26 
In three grades, i rb dh 4. : 2 96 
Shall be cash valuation, - 2 wiih Sura Og - 27 
APPRENTICES. City may bind out persons as, - - a VOL 
AUCTION SALES. How taxed, - me ‘. - iy 19, 20 
BALLS. Public, how taxed, - - uw) : i 25 
BEGGING. Persons found, how dealt with, - - - ay, 
BEEF. Inspection of, - . a “ 3 2 17 
BILLIARD TABLES. How taxed, : - > - 25 
BOWLING ALLEYS. How taxed, - - - « : 25 
BLIND PERSONS. Oity has samé power as county officers over, 31 
BOUNDARIES. 
Of city, - 3 : : x ; i a sity. 
“Ist ward, - - 2 : 2 ¢ 56 
46 od éé ~ i v ty m u i 6 
(sat REN 9 pla » y ~ 4 ge i G 
Of igh nits - - “ - - - - 6 
FF Ti at hang - - 4 - € : 6,7 
EMO GEL ph os - - - - - 3 : 7 
ate gn et hl Rs - - “ - “ A 7 
afk ol * + thy - . at a A eM as « 
City may survey and fix, - - - - . 38 
BRIDGES. City may erect and repair, - - - - 16 
BY-LAWS. 
May be adopted, - - m . - . 16 


Fines, forfeitures and penalties may be imposed for 
breach of, - J - - - 16, 17, 36, 37 


CHARTER. 


BUILDINGS. 
City may pull down or remove, - - - 
“« * prohibit wooden, - - ! 2 
«require brick or stone, - - : : 


Wooden erected since 1829 may be removed, - - 
BURYING GROUNDS. City may establish, ; : 
BUSINESS. License tax on, in three grades, - : ~ 


BRICK BUILDINGS. May be required, . - - 
CARTS, CABS AND CARRIAGES. May be licensed, 


CHARTER 


Of the city of Mobile, - - . - : t 
Style of corporation, - - - - - a 
May sue and be sued, - - - ¢ : 
May hold real and personal property, - - - 
May establish seal, - - - : x 
Limits and boundaries established, - - - P 
Number of wards, - - - - < 
Boundaries of ward No.1, - - : . 

© CPL Ties - : - . 

ss oF MON Ope sie. = - : » ‘ 

- Sid Gee4, - : 3 ¥ 

rt SOR Ms Pe - “i c 

‘: SN Gn Oy - - , 2 

¥ Ce. Nome wis - i c 

= on Nog 8} ih  acielse - ~ 
Who eligible to the office of mayor, - - - - 
Aldermen and common council, - - ts 4 
Number of aldermen and councilmen, - : ‘ 
Mayor, aldermen and councilmen, how elected, - “ 
Qualification of voters, - - a 2 “ 
Aldermen to be elected by citizens of their ward, . 
Vacancies, how filled, - - + . = 
Aldermen shall draw lots, - = ES r 
One alderman for each ward elected annually, - - 
Mayor, &c., to appoint inspectors, ° - - 
Their duties, - - - . " : P 


Certificate shall be evidence of election, - - = 
Oath of mayor, aldermen and councilmen, - - 
Mayor to give notice of election, - - 
How to proceed in case of tie vote, - : 
How long polls to be kept open, - . : 
Election of members, how contested, . - 
When mayor’s election contested, . - 
Aldermen elect president, - - - 
Shall meet weekly, - - - 
Aldermen and council judge of qualification of members, - 
Duties of president of council in case of mayor’s sickness, &c., 
He failing, to be performed by president of board of aldermen, 
Duties of both boards in case of death, &c., of mayor, - 
Mayor shall be resident of the city, - - - 


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48 INDEX TO 


CHARTER. — Continued. 


Death, resignation, or removal from ward to vacate seat in 


either board, - - “4 S 
Vacancy, how filled, - . ee a 
Officers of corporation, how elected, - 


Terms of office, when elected annually, - 


Treasurer to be clerk of council, “ - 


Tax assessor, how elected, - - - 
His duties and compensation, - . 
City engineer, how elected, - - - 
His duties and compensation, - - 
Assessor and collector to be freeholders, - 
Inspectors may be elected, - - - 
Boards to regulate adjournments, - - 
Shall meet on call of mayor, - - 
To pass all by-laws, - - - - 
Regulate shipping, - - - 
To remove nuisances, &c., - - - 


To prevent introduction of disease, 


To provide places for the sick, &c., - - 


To establish night watch, &c., - - 
To erect lamps, - - 5 ; 4 
To license retail shops, - 2 2 
To fix amount of same, - - . : 
To regulate hackney coaches, &c., - - 
Same as to pawnbrokers, - * M 
To restrain gambling, - - ~ 
To regulate theatres, &c., - - - 


To establish and regulate markets, 
To erect bridges, repair streets, &c., —- - 
To license chimney sweeps, - - - 
To regulate fire wards and companies, - - 
To sink wells, &c., —- - - - 
To fix penalties, &c., - - - - 
To enact by-laws for prevention of fires, - 


To establish pest-houses, &c., —- aM ons fe 


To levy and collect taxes, = - - - 


To regulate partition fences, - : ne 
To prohibit disorderly assemblies, —- ~ 
Relating to vagrants, &c., - - - 
How dealt with, - - - ~ 

To regulate burying grounds, - - - 
To regulate weights, &c.,°— - . - 
To create office of inspector of gas metres, - 
To pass all laws, &c., - - : 
To establish ferries across Mobile river, - 
Mayor and aldermen conservators of the peace, 
To examine suspected persons, - - - 
Not allowed fees, &c., for same, . - 


Mayor ex-officio justice of the peace, —- 


14, 


iW ee 


CHARTER. 49 


CHARTER.— Continued. 


Mayor’s duties, - - - p < 7 18 
To hold court every day, - - - - . i8 
Sunday excepted, - - - : i 4 18 
To report negligence, &c., of officers, - a - 18 
His salary, - - - . - - - 18 
Ordinances, &c., how originated, - - - - 19 
How passed, - - - - - : = 19 
To be approved by mayor, - - - : , 19 
When not approved by him, how disposed of, - - 19 
Boards to levy taxes, - - - - 2 if 19 
Lists of assessments to be filed in clerk’s office, - - 19, 20 
To be open for inspection, - - L 2 90 
Ten days’ notice to be given, - . : a 20 
Duty of mayor or boards relative to assessment, - - - 20 
Assessment to have effect of a judgment, - - a 21 
Collector’s duty as to same, - - - 2 : 91 
. His duty as to unknown owners, - - ‘ 4 21 
Collector’s title to purchase, - - 3 a é, 929 
_To put purchaser in possession, - - ~ y 99 
Clerk-of the corporation to record the collector’s certificate 
of title, - - - - - ' ~ 92. 93 
How lots sold by collector redeemed, - - e 23 
Treasurer’s duty, - a = ao dhyrntiy R 93 
Lots not redeemed in five years, title perfect, - - 23 
Duty of purchaser, - - - ‘ i 93 
Proviso as to minors, &c., —- - - F t 24 
Certificates conclusive evidence, - - Z : 24 
Collector liable for whole amount of assessment, - - 24 
How to discharge himself fromsame,_ - - LE é 24 
Taxes not paid, alien on property, - - - Q 25 
Collector’s duty as to same, - - - : z 25 
Purchaser failing to pay subsequent taxes forfeits property, - ob 
Tax on itinerant merchants, - - - - X 26 
Public faith, how pledged, - - - : ( 26 
Power to assess business licenses, : -— é zs 26 
Duty of assessor as to licenses, - - & L 26 
Assessment cash valuation, - - E : 97 
Assessor to make oath, - - . S 4 97 
Power to pave and shell streets, - - - G ‘ 27 
Duty of mayor and engineer as to streets, - - - 97 
Duty of tax collector as to streets, - - - - 27, 28 
Corporation may purchase real and personal property, - 28 
Corporation may erect water works, . - : : 28 
Corporation may erect gas works, - - - s 28 
Power of mayor and boards as to wharves, - : : 298 
May establish dockage on vessels and wharf charges, - 28 
Financial year fixed, - - - ‘ ‘ a 29 
Committee of mechanics, how elected, - - ol 29 
Their mode of proceeding, oe “ 3 7 2 30 


7 


50 


INDEX TO 
CHARTER.— Continued. 
Oath of office and compensation, - - - 
Power of city as to indigent poor, - - 
Harbor master and port wardens, how appointed,  - 
Their duties, - - - - - 
Their compensation, - : - - 


Corporation may require lots to be enclosed, —- 
How requirement enforced, - : - 
May regulate buildings, - - - - 
Defaulting jurors, how punished, - - 
Board of health appointed, - - - 
Their duties, - - - - - 
Mayor to issue process as justice of the peace, 
Fines may be enforced by execution, - 
Boundaries and limits of city fixed, - - 
May be divided into squares and lots, - 
New streets or alterations of streets, how made, 
Government street 100 feet wide, - - 
May change names of streets, - - - 
One justice of the peace for each ward elected, 


3 


9, 40 


Manner of passing ordinance to raise money by issuing of bonds, 40, 41 


CLERK. 


Shall notify persons elected, - - 3 


Shall record certificate of sale of property for taxes, 


Shall record certificate of redemption, - : 
Shall take ballots, - - Ps : 


CERTIFICATE. 


Of election, - - = tm E 
Of sale for taxes, - i ae - - 
Clerk shall record, - = Fs i 


Treasurer shall give to person redeeming property, 


Clerk shall record, - “ . Me 


CHIMNEY SWEEPS. City may license, 

CITY ENGINEER. Election of, and his duties, 

COMMON COUNCIL. 
Created, - - - - 
Eligibility of, — - : : : 
One for each ward, - - :, 
Election of, - - - A 
Term of office, - “ ~ 
Vacancy, how filled, - in % 
Oath of, - - - - 
Shall not contract with city, - - 
How election contested, - : 
Shall elect presiding officer, - . 


Shall meet weekly, - - - 
When president shall act as mayor, - 
Cause of vacancy, - - : 
May call meetings and adjourn, - - 


May be called by mayor, - . 


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‘ CHARTER. 51 
COMMON COUNCIL.— Continued. 

Shall keep journal, - - - - . : 15 

Conseryators of the peace, - - - - - 18 

Duty as to assessment of taxes, - - - - - 20 

Power of president to assess taxes on public amusements, &c., ps) 

Two-thirds vote to pledge faith, - - - - - 26 

President of, with mayor and president of board of alder- 

men may elect port wardens, - - - - ol, oe 
CONTRACT. Members of the corporation shall not, with city, - 10 
CONTESTED ELECTIONS. 

How tried, - - - - - - - 11 

Proceedings thereon, - - : - - 112 
CONVENTION. 

To elect all officers and agents, - - - - 13 

Fix compensation and duties, - - - - - 13 

And may remoye, - - - - - - ‘13 
DISEASE. City may prevent introduction of, - »~ B.- 15 
DISORDERLY, DANGEROUS AND SUSPICIOUS PERSONS. 

How dealt with, - - - - - - 17 
DRAY. May be licensed, : - - - - - 16 
DRAINS. 

City may keep in repair, - - - - - - 18 

«establish, &c., - - - - - 18 
DRUNK. Persons found, how dealt with, - . - - 17 
DOCKAGE. To provide for charges of,  - - : - 28 
ELECTIONS. 

For mayor, aldermen and common council, - - - 8 

Qualification of voters, - - - - - 8 

Vacancy, how filled, - - - - - - 9 

Aldermen, . - - - - - - 9 

Vacancy, how filled, - - - - - - 10 

Three inspectors appointed,. - - - - - 10 

Certificate of election, - - - . - - 10 

Mayor shall give notice of, - - - ° - 10 

Inspeetors may keep peace, - - - > 105.11 

Duty of sheriff and police at, - - - - 10 

If a tie, inspectors’ duty, - - - - - 11 

Polls to be kept open in charter elections from 8 to 4 - 11 

When certificate of filed with clerk, he shall give notice, - 11 

Municipal, how contested, - - - - - 11 

Testimony, howtaken, - - - . - - 11 

Ballots to be handed to clerk, > - - - 11 

Notice of contest; fees - - - - - 11,12 

Trial and judgment, - - - - - - 12 

Convention shall meet for, of officers and agents, - - 13 

Term of those annually elected, - - - . 13 

Of justice of the peace, - - - : - 39, 40 

Inspectors to be appointed, - - - - - 40 
EXHIBITIONS. How taxed, - ‘ - “ “ 25 


52 INDEX TO 


FENCES. 
May be removed or pulled down, . 
Partition may be regulated, _ - - ey 
City may require lots to be fenced, - 
FERRIES. City may openand establish, - - 
FISH, 
Inspection of, — - - - - 
Sale of may be prohibited, except in market, 


FLOUR. Inspection of, - - - 
FINANCIAL YEAR, - a % 
FINES. 


May be imposed and appropriated, - 

For failing to pay revenue, - : - 

How may be enforced, - - . 
FIRE WARDS. Establish may, - - - 
FIRE COMPANIES. “. “ - 3 
FIRES. . City may prevent and extinguish, . 
FIRE-WOOD. Inspection of, - - - 


FORFEITURES. May be imposed and appropriated, 


GAMBLING. May be prohibited, - - 


GAME. Sale of may be prohibited except in market, : 


GAMES. Public, how taxed, - . - 
GAS WORKS. Powertoerect, - ae - 
GAS METRES. May be regulated, - - 
GOVERNMENT STREET. Shall be 100 feet wide, 
HARBOR MASTER. 
Klected, - - - - . 
Wardens elected, - - - - 
Shall have office and keep records, - 
Regulate ships, boats, etc., - - : 
Penalty for refusal to obey, - - - 
Sickness of, warden to act, - - - 
To inspect and survey, - - - 
To inspect cotton and merchandise,  - . 
Direct sale, etc., - - aes - 
To survey vessels, - - - - 
Fees for survey, - - - - 
Fees, - - - _— - - 
Disposition of revenue, - - . 


No one connected with an insurance company to be, 


Direct where ballast to be discharged, - 


Penalty for, - - - 3 - 
HEALTH. Preservation of,’ - ie “, 
HEAD TAX. On citizens, - - - 


HOSPITALS. City may erect, &c.,  - - 
HOUSE OF CORRECTION. City may establish, 
HOUSE, PEST. City may establish, - 

« WORK. City may establish, -- . 
IDLE OR DISORDERLY PERSONS, How dealt 


with, 


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16 


CHARTER. 53 


INSPECTORS OF ELECTIONS. 


Three appointed, - - - - - - 10 
Shall give certificate of election, - : - - 10 
May keep peace, - - - - - - 10 
Duty, when there is a tie vote, - - - : - 11 
Ballots to be deposited with clerk, - - - - 11 
For election of justice of the peace, - - - 39, 40 
ILL FAME. Persons of, how dealt with, - - - 17 
INDECENT CONDUCT. How punished, - - - - 17 
INSPECTION. | 
Of staves, tobacco, tar, pitch, turpentine, rosin, fish, flour, f 
oil, How city may establish, - - - - 15 
Of salt and oil. City may establish, - - - 15 
Of lumber, fire-wood, flour, beef, pork, fish and salt pro- 
visions. May be appointed by city, - - 17,18 
INSURRECTION OR INVASION. 
In case of, mayor may call on volunteer regiment, - . 19 


JUSTICE OF THE PEACE. 


Mayor, aldermen and councilmen vested with certain 


powers of, - - - - - - 18). 37, 
Duties therein, and appeal, - - - ~ ‘8 on 
Fines may be coerced, as in cases pending before, - 37, 38 
One for each ward, forthree years, - ~ = x 39, 40 
Shall keep docket and hand over to successor, - ~ = 40 
JUROR. 
Defaulting, how punished, - - - - AIP BG. 37 
How summoned, &c., - - - = * i 36 
JUSTICES. 
Elected out of city, not to hold office within, . - 40 
City appoints inspectors of election, - - - AO 
LABOR. When imposed as a punishment, - - es 16,) 17 
LAMPS. May be erected, -, . - - “ . 16 
LANGUAGE. Indecent, in streets, how persons guilty of may 
be punished, - - - - - - 17 
LASCIVIOUS LIFE. Persons of, how punished, : - 17 
LAME PERSONS. City has same power as county officers over, - 31 
LEWD PERSONS. How dealt with, - : q a 17 
LICENSE. 
City may, retailers, hacks, carriages, wagons, carts, drays, 
and pawnbrokers, - - - > . - 16 
Chimney sweepers, - - - - - - 16 
Tax on business, - - - - - - : 26 
In three grades, &c., - - - - - - 26 
LOITERERS. About tippling-houses, how dealt with, - - 17 
LOTS. 
City may require fences, - - . - - 35 
A sage cot ‘* to be cleaned, - - - ” 35 
Side-walks to be made before, - - - - Ns 
May be surveyed, - . - - - - 38 


LUMBER. Inspection of, - : - - - - 17 


54 INDEX TO 


MAYOR OF MOBILE. 
Created, - - - = 3 i % 
Eligibility of, - - - - wl ‘ 
Election of, - - - - - & a 
Term of office, - - - ~ “ ‘ 
Vacancy, how filled, - . - - - - 
Oath of, - - - - = . ‘ 
Shall not contract with city, - - - . . 
To give notice of election, - - “ . 
How election contested, - - - i : 
Who shall act for, when he is incapacitated, - - 
In case of vacancy, - - - - ‘4 . 
Shall reside in city, - - - 4 i 
May call boards together, - - - ‘ . 
Conservator of the peace, ° - - ~ z 
Powers as to seamen, » - - 3 i 
Shall see laws executed, - a é . 
Hold court every day, - - - c _ 
Shall report negligence and incapacity of officers, - 
Shall lay before boards, in writing, such alterations and 
measures as he deems proper, &c., - - - 


Salary, - - - a = be if 
Duty in case of invasion, insurrection, &c., - - 
Shall appoint watchmen and police, - - 


Powers and duty as to ordinances and resolutions, - - 

Duty as to assessment of taxes, - - - = 

Duty as to assessment of taxes on public balls, shows, exhi- 
bitions, theatrical entertainments, billiard tables, nine 
and ten-pin alleys, bowling alleys, and public games, 


and amusements, - - - - 2 
Duty as to shelling, paving and planking streets, —- “ 
With president of council and president of aldermen, elect 
port wardens, - - - - - 
MARKETS. 
City may establish, - - - - x ’ 
May prohibit sale of meat, poultry, fish or game, except in 
Shall reserve two public stalls, - _ < ~ 
MEAT. Sale of, may be prohibited, except in market, - 
MEASURES AND WEIGHTS. City may regulate, - . 
MECHANICS, MASTER. 
Committee of four appointed to measure work, - 
Duties, - - - 4 ‘ 2 PS 
Mode of proceeding, = - : - 3 é 
Determine as to quality of,  - - - . 2 
Vacancies, how filled, - - - - H 
Compensation, - - - . s 2 
How recovered, - - - x Z 4 
Oath of office, WAT = as 4 " 


MILITARY. Mayor may call out, - - . Ais 


30, 31 


CHARTER. 55 
NIGHT WATCH. 
City may establish, - - am : _ ; 15 
Mayor shall appoint, - _ - - * - 19 
NUISANCES. 
City may prevent and remove, . - - - - 15 
Pie a om 0 4 from lots, - - ° 35 
OFFICERS. 
To be elected by convention, - - - - 13 
Of police, appointed by mayor, - - - - . 19 
Term of where annually elected, - - - - 13 
OIL. Inspection of, - - - = , Oe * 4 15 
ORDINANCES. : 
May be adopted, . - - ; 3 a 18 
Fines, forfeitures, and penalties may be imposed for 
breach of, = - - - - = 16,25, 37, 38 
May adopt all necessary, - - - x . 18 
How originated and passed, - - - - - 19 
ORPHANS. City may bind out, - - - . 4 a1 
PATROLS. City may establish, - Rh tae : 15 
PAVE. City may, streets, - - - - . - 97 
PHYSICIANS. 
Appointed to carry into force health ordinances, - - 37 
Shall give opinion in writing, - - - - 37 
PAWNBROKER. May be licensed, - . - - - 16 
PAUPERS. 
Persons likely to become, how dealt with, - - - 17 
City has same powers as county officers over, = - - 31 
PENALTIES. 
May be imposed and appropriated, - - - - 16 
AT ikl, age ZA to collect revenue, Tee - - 85 
PENITENTIARY. City may establish,  - - - - 16 
PEST-HOUSE. City may establish, - - - - - 16 
PITCH. Inspection of, - - - - - -- 15 
PLANK. Streets, city may,  - - - - - . ml 
PORK. Inspection of, - - -. . . - 17 
PROPERTY. 
City may hold, - - - - - - - 5 
May tax real and personal, = - . - - 16, 19 
Tax on sold at auction, - - - * - x 19 
POLLS. To bekept open in charter elections, - - - 11 
POLICE. 
Duty of at elections, - - - - - - 10 
City may establish, - - - . - 157 19 
Mayor shall appoint, &c., = - - - - - 19 
Shall execute process, - - - - - - 37 
PORT WARDENS. (See Harsor Master,) - - - 31 
POULTRY. Sale of may be prohibited, except in market, - - 16 
PROSTITUTES. Public, how dealt with, - - iY! - 17 
PROFESSION. License tax in three grades, - : - 26 


PUBLIC AMUSEMENTS. May be licensed, - - . 16 


56 INDEX TO 


PUMPS. May be established in streets, 
QUALIFICATIONS. 


For mayor, aldermen and common council, 


Councilmen shall reside in ward, - 
Of voters, - “ ‘ 
BS ‘‘ -foraldermen, - - 
Aldermen shall reside in ward, 
RETAILERS. May be licensed by city, 
RESOLUTIONS. 
City may adopt all necessary, 
How originated and passed, - 


ROSIN. Inspection of, © - 


SALT. 
Inspection of, power for, - 
Provisions, - “ - 
SALE. 
Of meat, poultry, fish, or game, may be prohibited, except 
at market, - - 
At auction, how taxed, - 


Of property, befored stored, how taxed, 


SHERIFF’S DUTY. At elections, 
SECURITY. To be of good behavior, 


SEAMAN. Mayor may hear and determine as 


SEAL, CITY. May be established, - 
SEWERS. 


City may keep in repair, fe 
City may establish, - 3 
SHOWS. How taxed, - : 
SHELL. City may, streets, - 
SIDE-WALKS. 
City may establish, : > 
fF UR red aire) - “ 
STYLE OF CORPORATION, - 


STAVES. Inspection of, power for, 
STALLS. 
City may rent market, - - 
Shall be two public, - : 
STREET. 
Drunk or begging in, how punished, 
Indecent or disorderly, &c., conduct, 
City may keep in repair, - 
May pave, shell or plank, - 
Duty of mayor and engineer as to, 


Tax collector shall collect assessment, 


- How new, or alterations on streets, may be made, - 


How made, - - - 
Government, shall be 100 feet wide, 
City may change name of ~ - 
Squares, city may be divided into, 


SUE AND BE SUED. City may, 


CHARTER. 


SUPERINTENDENT OF WHARVES AND DOCKS. 


TAX. 


Appointed, and duties, - - - - . . 
Compensation and bond, - + - « ' 
Assessor elected, - - ~ = - a 
Term and yacancy, how filled, - - - - 
Office in municipal buildings, - - - ‘ ‘ 
Books shall be kept open, - - - * “ 
Shall make assessment, - - . - - 
Compensation, - - - : 7 x 
Shall be freeholder in city, - - a . 4 
Collector shall be freeholder in city, - - = 
City may levy and collect, to carry out its powers, - - 
May tax auction sales, sales of merchandise, capital and income, 
May levy on real and personal property and poll tax, - 
Valuation shall be cash, - - ~ = - 
Assessment, how made, - - - “ - E 
Assessment open to public, - - - : _ 

oS notice of to be given, - = x - 

os objections to, how made, - - - 

a witnesses may be heard, - . - - 

& mayor shall issue his warrant, — - . - 
Collector shall collect, = - - - - . bs 

‘¢ may sell real or personal property, without exhausting 

personal, - - = 2 a A = 

On property of unknown owners, how collected, . : 
Form of certificate of sale for taxes, - - - : 
Collector shall put purchaser in possession, - - - 
Clerk shall record certificate, = - - = b a 
How property sold for may be redeemed, - - - 
Person failing to surrender possession guilty of unlawful detainer, 
Form of certificate to person redeeming, - . . 
How titles may be perfected, - - - a pe 
Certificate is conclusive evidence, - « ° = 
Collector shall be charged with all of the assessment, - + 
How collector may relieve himself from charge of assessment, 
Remains a lien until paid, - - = ie é 
Collector shall from time to time offer for sale, - - 


Purchaser failing to pay taxes, forfeits his claim, and shall yield 


possession, - - : 2 = = 
Failing to do so, guilty of unlawful detainer, - <a & ~ 
On property sold before it is stored in the city, - i 


On public balls, shows, exhibitions, theatrical entertainments, 
billiard tables, nine and ten-pin alleys, bowling alleys, 
public games, and public amusements, to be assessed 


by mayor and two presidents, —- - . A 
On itinerant or transient persons, - - - ‘ 
License on business, in three grades, - - PS : 


Collector shall collect assessments for paving, shelling and 
planking streets, - . = i z 


8 


19, 20 


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He He CO 


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ee 
(2) 
169) 


58 INDEX TO 


TAX.— Continued. 
To provide for wharves, &c., 
Collector to pay to city treasurer, 
TOBACCO. Inspection of, power for, 
TAR. Inspection of, - - 


TESTIMONY. How taken in contests of municipal elections, 


THEATRICAL AMUSEMENTS. 
May be licensed, - - 
How taxed, - - 


TIPPLING-HOUSES. Persons loitering around, how punished, 


TREASURER. 
Shall be clerk of council, 


Person wishing to redeem property sold for taxes, may pay 


amount to, = 
Form of certificate, - - 
TURPENTINE. Inspection of, 
VACANCY. 


Of mayor,” - - - 
How filled, - - 
Aldermen, - e- - 
How filled, - - 
Councilmen, - - - 
How filled, - - 
Of assessor, - - - 
Of city engineer, - - 


Of master mechanics, - 

Of justice of the peace, - 
VAGRANTS. How dealt with, - 
VESSELS. 


Mooring of, regulate, city may, - 


To provide for dockage on, - 
VETO. 


Mayor may, action of boards, 


When, how passed, - 7 
~ WARDS. 
Boundaries of, - - 
First, - - - 
Second, - - - 
Third, . - - - 
Foufth, - : t 
Fifth, - Ritae agit 
Sixth, - ie - - 
Seventh, - - - 
Highth, - - - 
One councilman from each, 
Three aldermen ‘ 4 - 


If aldermen or councilmen remeye, office shall be vacated, 


One justice elected in each, - 


WAGONS. May be licensed, - 


' 
qn 


t 
= 
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ag 


CHARTER. 59 


WARDENS, PORT. 


Elected, - - - - - - Mines 1 IPI 5° 
Shall have an office, - - - - - - 32 
(Sez Harsor Master.) 
WEIGHTS AND MEASURES. City may regulate, - - 17 
WELLS. City may sink, - - - - - - 16 
WHARVES. 
City may purchase and regulate, - - - - 28 
“« “appoint committee on wharves, - - - 28 
Powers of, - - - . - - > 28 
Superintendent of, - - - - - - 7 29 
Duties, bond and compensation, - - - - 29 
Tax may be levied, . - - - - - 29 
WORK-HOUSE. City may establish, - . - - 16 
WORK. 
Measurers of, and duties, - - . - - 29,30 
Mode of proceeding, - . - - ‘- 30 
Determine as to quality, - . - - - - 30 
Vacancies, how filled, - - . . . 31 
Compensation, - - - - - - = 31 
How recovered, - - » - * - 31 
Oath of office, - - aa fae - . . 31 
WOODEN BUILDINGS. 
May be prohibited, - . . : - - 36 
Erected since 1829, may be removed, - > : - 36 
WOOD, FIRE. Inspection of, - : - ” > 17 


YEAR, FINANCIAL, - . -’ - - - “ - 2g 


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MEMBERS OF CORPORATION IN 1866. 


ist Ward, 


66 66 


66 6é 


Mayor, 
JONES M. WITHERS. 
Aldermen, 
CALEB PRICE, PRESIDENT. 


THOS. J. RILEY, 
THOS. B. LYONS, 
J. J. MELTON. 


Dr. R. MILLER, 
AUGUSTUS BROOKS, 
PRICE WILLIAMS, Jr. 


B. O'CONNELL, 
W. H. LIENKAUF, 
P. L. MALONE. 


G. Y. OVERALL, 
CALEB PRICE, 
JOHN FORSYTH. 


J. LEE HAMILTON, 
M. W. McDONALD, 
THOS. E. FLANNERY. 


M. D. GRINNELL, 
D. O. GRADY, 
JOHN MAGUIRE. 


J. EK. SMITH, 

B. A. WEEMS, 
RUFUS DANE. 

J. J. DELCHAMPS, 
G. VAUTROT, 
EMILE GERARD. 


62 MEMBERS OF CORPORATION, 1866. 


Common Council, 
Dr. GEORGE A. KETCHUM, PRESIDENT. 


dst Ward, 3) fe ee) DAVID Se VRELD: 
2d | JEL CALS. INGERSOLE: 
3a -- .. - + Dr. GEO. A. KETCHUM. 
4th «“ 4 DANIEL McNEILL. 

Sth * “7 AERO. COLSSON, 

6th « - CROMALY JORNGAORTEL. 

7th as ~ 2) 1. SO ILOW, MoGUIRE. 


Shh @ an § - . - I. I. JONES. 


OFFICERS OF THE CITY FOR 1866. 


NICHOLAS WEEKS, - 
WHITFIELD TURNER, 
S. S. SEMMES, 4 
JOHN PARHAM, - 
CHARLES N. ROULSTON, 
JOSEPH 8. CAIN, - 
W. G. CLARK, ae 
ROLAND BOULLEMET, 
GEORGE AITE, - : 
JAMES GARRITY, 

JOHN McGRATH, - 
PATRICK CULLEN, 

C. BEROUJON, 

REUBEN A. LEWIS, 

P. J. PILLANS, - . 
H. C. FREELAND, 

W. H. SADLER, 

B. F. SCATTERGOOD, 
Wo. J. COLE, 

DANIEL WHEELER, 
James M. MuLpon, 
JAMES CRAWFORD, 


City Treasurer. 

“¢ Clerk. 

“6 Attorney. 

“* Tax Collector. 
Keeper Powder Magazine. 
Clerk Market. 
City Printer. 
Weigher of Hay. 
Insp’r of Staves and City Gauger. 
Inspector of Wood, North. 
Inspector of Wood, South. 
Inspector of W. and Measures. 
City Sexton. 

«Assessor. 

“ HMngineer. 
Master Mechanie. 


Trustee of City Property. 
66 66 66 


(74 be 66 


STEPHEN CHARPENTIER, Chief of Police. 


-JAMES GIDDONS, 
DAVID PARSONS, 
JOHN S. WHITNEY, 
THOMAS McCPHILIPS, 


Assistants to Chief of Police. 


64. 


JOHN I. PETTY, - 
Wm. B. SHELTON, - 
Wm. EK. CoLain, - 
H. MALONE, - - 


JAMES ©. McLAMOIL, - 


Wm. SHERLOCK, - 
R. J. RICKS, - 
ROBERT W. HARRIS, 
JAMES WADE,- - 
M. F. ELDRIDGE,  - 
JAMES EH. CAHAL, 
ROGER JONES, 

C. GIBSON, - : 


CITY OFFICERS FOR 1866. 


Captain of the Guard. 
1st Ineut. * ss 
od 66 66 66 


8 ad 66 66 bc 
Sergeants of Police. 


Day Sentinel. 
Night ‘ 


(gen Sentinels. 


RULES 


OF THE 


BOARD OF ALDERMEN 


OF THE 


CITY OF MOBILE. 


RULE 1. The president shall take the chair at all meet- 
ings of the board, and on the appearance of a quorum shall 
immediately call the members to order; when the presi- 
dent is absent the members present may select one of their 
number to take the chair; the business shall be taken up 
as follows, viz: 


its 
2. 


Calling of the roll of members. 

Reading of the journal of proceedings of the last 
meeting, and if no objections are made, the presi- 
dent shall declare them approved. 

Communications from the mayor. 


. Reports from officers of the several departments, 


read and disposed of. 


. Papers from the board of common council taken up 


for consideration. 


. Reports from standing committees in their order. _ 
. Reports from the select committees in their order. 

. Petitions read and acted upon. 

. Unfinished business. 

. New business. 

. Elections to fill vacancies in this board, if any. 

. Election of officers. 

. Adjournment. 


RULE 2. The president shall preserve order and de- 
corum, may speak to points of order in preference to other 


9 


66 RULES OF THE BOARD OF ALDERMEN. 


members, he shall decide questions of order, subject to an 
appeal to the board, at the request of any member, which 
appeal shall be decided without debate. 

RULE 3. He shall put all questions distinctly in this 
form, to wit: 

‘As many as are of opinion (as the case may be) say 
aye,” and after the affirmative voice is expressed, ‘As 
many as are of the contrary opinion, say no ;” if the presi- 
dent doubts, he shall cause a division; those of the affirm- 
ative of the question shall first rise from their seats, and 
afterwards, those of the negative. 

RuLE 4. When any member is about to speak or deliver 
any matter to the board, he shall rise from his seat and 
respectfully address himself to Mr. President. 

Rue 5. If any member is speaking, or otherwise trans- 
gress the rules, the president or any member may call to 
order; in which case, the member so called to order, shall 
immediately sit down, unless permitted to explain, and the 
board shall, if appealed to, decide on the case—but without 
debate; if the decision be in favor of the member so called 
to order, he shall be at liberty to proceed, if otherwise, and 
the case requires it, he shall be lable to the censure of the 
board. 

RuLE 6. When two or more members happen to rise at 
the same time, the president shall name the person who is 
first to speak. 

RuLE 7. No member shall speak more than twice to the 
same question, without leave of the board. 

RuLE 8. Upon a call for taking the ayes and noes on 
any question, the president shall first be called, aud then 
the names of the members alphabetically, and each member 
shall answer from his seat. 

RULE 9. When a motion is made and seconded, it shall 
be stated by the president, or if in writing, it shall be read 
aloud; and every motion shall be reduced to writing, if 
the president or any member request it. 

RULE 10. Any member may call for a division of the 
question when the sense will admit it. 

RULE 11. Each member shall particularly forbear per- 
sonal reflections; nor shall any member name another in 
argument or debate. 


RULES OF THE BOARD OF ALDERMEN. 67 


8ULE 12, After a motion is stated by the President, it 
shall be deemed in possession of the board, but may be 
withdrawn by leave of the beard, at any time before dis- 
cussion. 

RULE 15. When a question is under debate, no motion 
shall be received but to adjourn, to postpone to a day 
certain, to lie on the table, for the previous question, to 
postpone indefinitely, to commit or amend: which several 
motions shall have precedence in the order they stand 
arranged. 

RULE 14. A motion to adjourn shall always be in order, 
and shall be decided without debate. 

RULE 15, The previous question shail be in this form, 
“Shall the main question be put?” It shall only be 
admitted when demanded by a majority of the members 
present; and, until it is decided, shall preciude all amend- 
ments and further debate of the main question; on a pre- 
vious question there shall be no debate. 

RULE 16. When a motion has been once made and 
carried in the affirmative or negative, it shall be in order 
for any member of the majority to move tor the reconsider- 
ation thereof at the same or succeeding meeting of the 
board. 

RULE 17. The president may appoint committees unless 
otherwise directed by the board, and the first named gen- 
tleman shall be the chairman of the committee for this 
board. 

RULE 18. The president shall not vote on any question, 
except when the board shall be equally divided, or when 
the ayes and noes are called, or for all. persons to be elected 
by this board, and for the expenditures of money. 

RULE 19. Motions or reports may be referred or com- 
mitted, at the pleasure of the board. 

RuLE 20. Nothing shall be introduced by way of rider, 
which is irrelevant to the matter before the board. 

tULE 21. On all questions for filling bianks, the largest 
sum and the remotest day shall be first put. 

RULE 22. A majority of any committee shall be sufficient 
to proceed to business. 

RULE 23. No standing order shall be rescinded without 
one day’s notice given of the motion therefor. 


638 RULES OF THE BOARD OF ALDERMEN. 


RULE 24. No appropriation of money shall be made, 
except upon the first regular meeting in each month. 

RULE 25. All resolutions relating to a repeal or altera- 
tion of any of the existing ordinances, shall lay over for 
one meeting before final action be had. 

RULE 26. All committees appointed on special business 
relating to the city, shall report within two weeks, unless 
they can render a sufficient excuse for delay. 

RULE 27. Either of the foregoing rules may be suspend- 
ed by two-thirds of the members present voting in the 
affirmative. 

RULE 28. The president may, during any meeting for 
business, appoint any member of the board present to take 
the chair for the time being. 

RULE 29. Whoever violates any of the foregoing rules 
shall suffer such censure as a majority of the board may 


direct. 
CALEB PRICH, President. 


WHITFIELD TURNER, Clerk. 


RULEHS 


OF THE 


BOARD OF COMMON COUNCIL. 


RULE 1. The president shall take the chair at all meet- 
ings of the board, and at the hour fixed on, shall imme- 
diately call the members to order, and on the appearance 
of a quorum, cause the proceedings of the last meeting to 
be read. 

RULE 2. He shall preserve order and decorum, may 
speak to points of order in preference to other members, 
he shall decide questions of order, subject to an appeal to 
the board, at the request of any member; which appeal 
shall be decided without debate. 

RULE 3. He shall put all questions distinctly, in this 
form, to wit: ‘‘As many as are of opinion, (as the case 
may be) say aye,” and after the affirmative voice is ex- 
pressed, ‘‘As many. as are of the contrary opinion, say no ;” 
if the president doubts, he shall call a division; those of 
the affirmative of the question shall first rise from their 
seats, and afterwards, those of the negative. 

RULE 4. When any member is about to speak or deliver 
any matter to the board, he shall rise from his seat, and 
respectfully address himself to Mr. President. 

RULE 5. If any member in speaking, or otherwise, trans- 
gress the rules, the president or any member may call to 
order; in which case, the member so called to order, shall 
immediately sit down, unless permitted to explain, and 
the board shall, if appealed to, decide on the case—but 
without debate ; if the decision be in favor of the member 
so called to order, he shall be at liberty to proceed; if 
otherwise, and the case requires it, he shall be liable to the 
censure of the board. 


70 RULES OF THE BOARD OF COMMON COUNCIL. 


RULE 6. When two or more members happen to rise at 
the same time, the president shall name the person who is 
first to speak. 

RULE 7. No member shali speak more than twice to the 
Same question, without leave of the board. 

RuLE 8. Upon a call for taking the ayes and noes on 
any question, the names of the members shall be called 
alphabetically, and each member shall answer from his 
seat. 

RULE. When a motion is made and seconded, it shall 
be stated by the president; or if in writing, it shall be read 
aloud, and every motion shall be reduced to writing, if the 
president or any member request it. 

RULE 10. Any member may call a division of the ques- 
tion when the same will admit it. 

RULE 11. Each member shall particularly forbear per- 
sonal reflections; nor shall any member name: another in 
argument or debate. | 

RULE 12. After a motion is stated by the president, it 
shall be deemed in possession of the board, but may be 
withdrawn, by leave of the board, at any time before dis- 
cussion. 

RULE 13. When a question is under debate, no motion 
Shall be received but to adjourn, to postpone to a day cer- 
tain, to lie on the table, for the previous question, to post- 
pone indefinitely, to commit or amend, which several 

motions shall have precedence, in the order they stand 
arranged. 

RULE 14. A motion to adjourn shall be always in order, 
and shall be decided without debate. 

RULE 15. The previous question shall bein this form, 
“Shall the main question be now put?” It shall only be 
admitted when demanded by a majority of the members 
present; and, until it is decided, shall preclude all amend- 
ments and further debate of the main question. On a 
previous question there shall be no debate. 

RuLE. 16. When a motion has been once made anc 
carried in the affirmative or negative, it shall be in order 
for any member of the majority to move for the reconsid- 
eration thereof at the same or the succeeding meeting of 
the board. 


¢ 


RULES OF THE BOARD OF COMMON COUNCIL. 71 


RULE 17. The president may appoint committees unless 
otherwise directed by the board. 

RULE 18. After the proceedings of the previous meet- 
ings are read, petitions shall be called for by the president, 
next reports of the standing committees, and lastly the 
reports of the select committees. 

RULE 19. Motions and reports may be referred or com- 
mitted, at the pleasure of the board. 

RULE 20. Nothing shall be introduced by way of rider, 
which is irrelevant to the matter before the board. 

RULE 21. On all questions for filling blanks, the largest 
sum and the most remote day shall be first put. 

RULE 22. A majority of any committee shall be sufficient 
to proceed to business. 

RULE 23. No standing order shall be rescinded without 
one day’s notice given of the motion therefor. 

RULE 24. Whoever violates any of the foregoing rules, 
shall suffer such censure as a majority of the board may 
direct. 

G. A. KETCHUM, President. 

N. WEEKS, . 

Treasurer and Clerk to Board of Common Council. 


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THE CODE OF ORDINANCES 


OF 


(ee eC MEY OM? MOBI, 


REUBEN A. LEWIS, 


IN PURSUANCE OF A RESOLUTION OF THE MAYOR, ALDERMEN AND 


COMMON COUNCIL OF THE CITY OF MOBILE. 


—— 
no 


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AN ORDINANCE 


TO ADOPT THE COMPILATION OF ORDINANCES. 


§ 1. Be it ordained, That the following ordinances, com- 
piled, revised, and codified by Reuben A. Lewis, Esq., be 
and the same are hereby adopted and approved: 

CHAPTER I.—Ordinances. 

An ordinance respecting ordinances. 


ARTICLE I. City seal, - - - . =) BS Wak 
ARTICLE IJ. Publication of ordinances, — - ae 
ARTICLE III. Mode of enforcing, - 2G 
ARTICLE LY. General provision, - - § 26 


CHAPTER I.—Attorney of the City. 

An ordinance to create and define the 

duties of city attorney, - - 
CHAPTER Ui.—Balls, Bells, Drums, Fire Crack- 
ers, Rockets, and Mites. 

An ordinance to regulate and prohibit cer- 
tain balls, bells, drums, fire crackers, 
rockets, and kites, - - . - eset 

CHAPTER IV.—Burying Grounds. 

An ordinance regulating burying grounds. 
ARTICLE I. General regulations, - - = 3 42 
ARTICLE II. City sexton and his duties, - § 47 

CHAPTER V.—Carts, Drays and Wagons. — 

An ordinance respecting carts, drays and 

wagons, - : - - - - - § 50 
CHAPTER Vi.—Coaches, Carriages, Cabs. 


An ordinance respecting coaches, car- 
riages, cabs, &e., —- : - . - § 38 


6 COMPILATION OF ORDINANCES. 
CHAPTER VIL—Chimney and Chimney Sweeps. 
An ordinance to regulate chimneys and 
chimney Sweeps, - - - - - 
CHAPTER VIUL—Clerk of the City. 
- An ordinance to create and define the 
duties of city clerk, - - . - 
CHAPTER IX.—Factories. 
An ordinance to regulate the establishment 
of soap and candle factories, -  - —- 
CHAPTER X.—Fences. 
An ordinance to regulate partition fences, 
CHAPTER XI.—JSivres. 
An ordinance concerning the fire depart- 
ment. 


ARTICLE I. Fire department organized, — - 

ARTICLE II. Precautionary measures, 

ARTICLE IIL. Board to investigate the origin 
of fires, - . - - - 


CHAPTER XIL.—Gaming. 
An ordinance respecting gaming, — - zs 
CHAPTER XIII.—Hawking and Peddling. 
An ordinance respecting hawking and ped- 
dling, - - - - - = - 
CHAPTER XIV.—HAHealth. 
An ordinance to secure the public health. 


ARTICLE I. Board of health, - - - 
ARTICLE II. Duty of citizens, - - - 
ARTICLE III. Quarantine, - - : - 


CHAPTER XV.—Hospiials. 


An ordinance for the regulation of hos- 
pitals. 
ARTICLE I. City hospital established, - — - 
ARTICLE II. Officers and duties, 
ARTICLE ITI. Regulations, - -~ - 
ARTICLE IV. Pauper lunatics, « - - 
ARTICLE V. Private hospitals, - - . 


Ber 
§ 68 
§ 70 
wel 
$172 
§ 94 
§ 98 
§ 99 
§ 102 
§ 104 
§ 106 
§ 113 


——————— 


COMPILATION OF ORDINANCES. 


CHAPTER XViL—Houses, Public. 
An ordinance to regulate and license inns 
and public houses, - - - - - 


CHAPTER XVII.—Jnspection. 

An ordinance to provide for the inspection 
of hay, lumber, liquids, fire-wood, staves, 
gas metres, standard of grain, weights 
and measures, work on builings. 

ARTICLE I. Inspection of hay, - - - 
ARTICLE II. Inspection of lumber, - - 
ARTICLE UI. Firewood, - : - - 
ARTICLE IV. City Gauger, - - . 
ARTICLE V. Staves, - - - - - 
ARTICLE VI. Gas metres, - - - 
ARTICLE VII. Weights and measures, - 
ARTICLE VIII. Standard weight of grain, 
ARTICLE LX. Work of buildings, - - 
ARTICLE X. Flour, - : - : , 


CHAPTER XVII.—Jurors. 
An ordinance to punish defaulting jurors, 
CHAPTER XIX.—Lots. 
An ordinance respecting vacant lots, - 
CHAPTER XX.—WMarkets. 
An ordinance to establish and regulate 
markets. 
ARTICLE I. Markets established, - - 
ARTICLE II. Renting and allotment of stalls, 
ARTICLE III. Election and duties of clerk 
of market, - - - - - : - 
ARTICLE IV. Regulations, - - - 
CHAPTER XXIL—IMiktary. 
An ordinance to establish an armory for 
the 1st volunteer regiment,  - - - 
CHAPTER XXIT.— Milk. 
An ordinance to prohibit the sale of im- 
pure milk, - - - - - “ 
CHAPTER XXITI.—Patrol. 
An ordinance to establish citizens’ patrol, 


§ 138 


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et oO i 


ol 
~~ bo 


Cr MMM OM UMMM 
Ww 


eg ae 
WD DUI 
ns) = 


bt 


mn 
ko 
=] 


78 COMPILATION OF ORDINANCES. 


CHAPTER XXIV.—Pawnbrokers. 
An ordinance concerning pawnbrokers, - § 211 
CHAPTER XX V.—Police. 


An ordinance respecting the city police. 


ARTICLE IJ. General regulations, — - - § 214 
ARTICLE II. City prison, - - - - § 227 
ARTICLE III. Secret fund, - - - § 236 


CHAPTER XX VI.—Ctty Porter. 

An ordinance creating the office and de- 

fining the duties of city porter, - - § 239 
CHAPTER XXVII.—Powder. 

An ordinance to regulate the keeping of 

gunpowder, - - . - : - § 241 
CHAPTER XXVIII.—Property of the City. 

An ordinance respecting the city property. 
ARTICLE I. Municipal buildings, - 
ARTICLE II. Public squares, — - - - 
ARTICLE IIL. City property, . - - 

CHAPTER XXIX.—Public Pounds. 

An ordinance to provide for the-impound- 

ing of animals, - : - - - § 275 
CHAPTER XXX.—Public Safety. 

An ordinance defining offences affecting 

public safety or convenience. - - § 289 
CHAPTER XXXI.—Public Morals. 

An ordinance prohibiting vagrancy, quar- 
relling, riotous, immoral and disorderly 
conduct, - - - - - : - § 292 

CHAPTER XXXII.—Sabbath. | 

An ordinance to regulate the observance 

of the Christian Sabbath, = a - § 298 


CHAPTER XXXIII.—Shows, Theatres, Exhibi- 
tions. 


Lr tr 
bo bo bo 
op) 
ma CO 


An ordinance to regulate shows, theatres, 
pxhibitions, Sci" 9 -aae sis aes ee BOS 


COMPILATION OF ORDINANCES. 


CHAPTER XXXIV.—Street Railroads. 

An ordinance to regulate the building of 
passenger railways in the city of Mobile 
and their uses, - - - - 

CHAPTER XXX V.—Streets. 
An ordinance regulating streets. 
ARTICLE I, To establish, open and repair 
streets, . - - . - - 
ARTICLE II. Regulation of streets, - - 
ARTICLE III. Shelling, paving and Dee 
streets, - - - - 
ARTICLE IV. Regulation of ee raes - 
ARTICLE VY. City engineer, - - . - 
ARTICLE VI. Street Commissioner, 


CHAPTER XXX VI.—Taxes and Taxation. 
_ An ordinance to provide for the assessment 
and collection of taxes. 
ARTICLE I. Assessor and assessment of 
taxes, - - - - - - 
ARTICLE II. Tax collector and collection of 
taxes, - - - - - - 
ARTICLE III. Assessment and collection of 
license taxes, - . - - - - 
CHAPTER XXXVIL—Treasurer. 
An ordinance to provide for a city treasurer, 


CHAPTER XXXVIIU.— Water Works. 

An ordinance TPEDECUR EW the city water 

works, - - . . 
CHAPTER XXXIX.— Wharves. 

An ordinance respecting wharves, and the 

wharf and water fronts, - - 
CHAPTER XL.— Work House. 

An ordinance establishing a work house, 
house of correction, and working for the 
benefit of the city; and prescribing 
rules and regulations therefor, 


79 


§ 314 


§ 328 
§ 333 


§ 344 
§ 352 


§ 363 
§ 369 


§ 370 
§ 181 


§ 388 


§ 395 


§ 416 


80 COMPILATION OF ORDINANCES. 


And that all ordinances and parts of ordinances con- 
flicting with the ordidances contained in this Code of 
Ordinances, be and the same are hereby repealed. 

‘§ 2. That this ordinance and Code of Ordinances shall 
not take effect until the mayor shall make proclamation 
thereof, stating the day that it shall be in force. 

§ 3. All licenses, fees, taxes, charges, salaries, commis- 
sions, required to be paid or received, by any existing 
ordinance, and not herein changed, shall remain as they 
now are until otherwise provided. 

APPROVED July 13th, 1866. 

J. M. WITHERS, Mayor. 
Attest : ; 
WumertTELD TURNER, City Clerk. 


PROCLAMATION, 


MAYOR’S OFFICE, CITY OF MOBILE, 
July 16, 1866. 


WHEREAS, By the code of ordinances for the city of 
Mobile, heretofore adopted by the boards of aldermen and 
common council, and approved by the Mayor on the 13th 
day of July, 1866, it is provided therein that said code of 
ordinances, styled ‘“‘ The Code of Ordinances of the City of 
Mobile, compiled by Reuben A. Lewis, pursuant to an 
order of the Mayor, Aldermen and Common Council,” 
‘¢ shall not be in force or take effect until the Mayor shall 
make proclamation thereof, stating the day that it shall 
be in force.” 

Now, therefore, be it known that I, JONES M. WITHERS, 
Mayor of the City of Mobile, do hereby declare and pro- 
claim that said code of ordinances, adopted and approved 
as aforesaid, shall be in full force and effect on and after 
the 23d day of July, A. D. 1866. 


~—, In witness whereof, I have hereunto set my hand 
Buea aucatiead, thes seal oi tis Gitte of Mobile, to. te 
affixed. Done at the Mayor’s office, in said City, on the 
16th day of July, A. D. 1866. 
J. M. WITHERS, Mayor. 


. . 
wm 


Attest: 
WHITFIELD TURNER, City Clerk. 


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ORDINANCES. 


CHAPTER I. 
ORDINANCES. 
An Ordinance respecting Ordinances. 


ARTICLE I. CITY SEAL. 
és Il. PUBLICATION OF ORDINANCES. 
“III. MODE OF ENFORCING. 

& IV. GENERAL PROVISIONS. 


ARTICLE I. CITY SEAL. 


§ 1. Be it ordained, That the seal heretofore used by the city seal. 
city of Mobile, here represented, 


shall be and is hereby established, and declared to have 
been, and now to be, the seal of the city of Mobile. 


ORDINANCES. 


City printer. 


Duties of. 


To print and 
publish all laws, 
ordinances, &c. 


Ordinance not 
in force until 
published. 


é 


Printer to have 
a reporter at 
each regular 
and called meet- 
ing of boards 
and convention. 


Penalty. 


Mayor to try 
offences. 


ARTICLE II. PUBLICATION OF ORDINANCES. 


§ 2. Be it ordained, That there shall be a city printer 
elected annually in convention, who shall receive such 
salary, and give such bond, as may be determined from 
time to time by the corporate authorities. 

§ 3. It shall be his duty to print and publish in some 
newspaper published in the city of Mobile, all laws, ordi- 
nances, by-laws, resolutions, and the proceedings of the 
boards of aldermen and common council and conventions, 
and all other public acts, relating to the general weal, 
officially made, enacted, ordained or passed by the said 
mayor, aldermen and common council of the city of Mobile, 
at each session, last held by them, before said publication, 
within three days after the same has been passed by either 
board: and further to print and publish in such manner, 
and for such time, as the mayor of the city shall direct, all 
advertisements, notices or other acts, (except tax lists,) as 
may be deemed necessary, expedient, or proper by the 
mayor, aldermen and common council of the city; all of 
which printing must be «inserted on the second or third 
pages of said official journal as now constituted, and not 
elsewhere. 

§ 4. That unless otherwise expressly provided, no ordi- 
nance, nor repeal of an ordinance, shall be of force until 
three days after its publication, excluding the first day of 
publication. 

§ 5. It shall be his duty to have present at each regular 
and called meeting of the boards of aldermen and common 
council, and at every meeting of the boards in convention, 
some competent person as a reporter, who shall faithfully 
and correctly report all of the proceedings of said bodies, 
which shall be published within three days after such 
meetings or convention; any failure to comply with the 
provisions of this ordinance (without good excuse shown) 
Shall subject the city printer to such fine as the mayor may 
impose, not exceeding fifty dollars. 


ARTICLE III. MODE OF ENFORCING. 


§ 6. Be it ordained, That all fines, penalties, forfeitures 
and recoveries, for violations of any ordinance or by-law 
of the city of Mobile, may be tried and determined before 


MODE OF ENFORCING. 85 


the mayor, or any one of the aldermen or common council- 
men, of the city, and shall be for the use and benefit of yes ai 
the city of Mobile. 

§ 7. That in all cases where the mayor or any.one of the Imprisonment 
aldermen or common council of the city of Mobile, regularly fine is not paid. 
sitting for the trial of offenders against the laws and ordi- 
hances now existing, or which may be hereafter ordained 
or passed, shall in accordance with such laws and ordi- 
nances impose any fine, penalty or forfeiture upon any 
person, for the breach thereof, and such person shall not 
comply with and perform the judgment imposing such fine, 
penalty or forfeiture, he shall be committed to the city 
prison, work-house, or house of correction, until discharged 
by law, not to exceed the term of thirty days for any one 
offence; the time to be determined by the officer trying 
the offender: Provided, That any person may give bond, Defendant may 
with good and sufficient security, for the payment of any “°° 
fine or penalty, within thirty days from the imposition 
thereof, or he may appeal to the city or circuit courts any 
such fine or penalty, by giving bond in the sum of one hun- 
dred dollars, as in case of appeals from justices’ courts ; 
and upon giving either of said bonds, or the payment of 
the fine or penalty imposed by the mayof, he shall be 
discharged. If the bond is not paid at the expiration of Clerk may issue 
thirty days, it shall be the duty of the city clerk to issue fgcited bond. 
execution against all the obligors on the. bond, returnable 
within twenty days from the test thereof, directed to any 
police officer, which shall be levied and collected as execu- 
tions from justices’ courts. That for the issuance of the Fees of officers. 
execution the city clerk shall be entitled to a fee of one 
dollar, and for the collection of the execution the police 
officer shall be entitled to a fee of two dollars, which shall 
be taxed in the execution and paid by the defendant; and 
if the property levied on is sold, the necessary expenses 
of the sale, including advertising, shall be taken out of the 
proceeds of the sale. ; 

§ 3. When the mayor or any one of the aldermen or Contempts 
common council shall be holding court for the trial of ?™™*"°* 
offenders, and any contempt shall be committed by any 
person, in the presence of the court or about or in the im- 
mediate vicinity of the room in which the court is held, 
such person shall be fined six dollars, and may be impris- 


&6 


ORDINANCES. 


oned six hours ia the city prison, one or both, for each 


- offence. 


Construction of 
ordinances. 


Power of mayor 
to remove 
auisances. 


Selection of law 
to be observed. 


Fine from one 
to fifty dollars. 


Bond to keep 
the peace in 
certain cases. 


Acting mayor. 


§ 9. In all cases where fines, penalties or forfeitures are 
imposed, they shall be for, and shall extend and apply to 
each and every act or omission, and for each and every 
day’s continuance of such act or omission, when it is of a 
continuing character, and in addition thereto, the mayor is 
authorized, when in his opinion the welfare of the city 
requires it, to remove or cause to see removed to any other 
place within, or out of the city, any and all persons, vessels, 
goods, property, obstructions, erections and nuisances, that 
are forbidden by any of these ordinances, to be or remain 
in the city or any part thereof, at the expense of the 
offender. 

§ 10. In all cases where the act, duty, or omission may 
be made punishable, or shall be created by different clauses 
or sections of the ordinances of the city, the officer trying 
the case, may elect under which to proceed, and the sub- 
sequent proceedings that shall be had against the person 
inust be in reference to such clause or section. 

§ 11. In all cases where the doing of any act, or the 
omission to do any act or duty, is required or enjoined, and 
there shall be no fine, penalty or forfeiture declared for it; 
and in every case where there has been a breach of any 
city ordinance, now existing or hereafter adopted, every 
person convicted thereof shall be fined not less than one, 
nor more than fifty dollars. 

§ 12. In all cases where there is reason to apprehend a 
breach of the peace, or the violation of any ordinance, or 
where any person is convicted of any violation of any of 
the ordinances, the officer examining the cause, may require 
bond with sufficient security, in such an amount as he shall 
deem reasonable, that such person shall be of good beha- 
vior, for a term not exceeding twelve months, and if such 
person refuse or fail to give such bond, he may be confined 
to labor for such time as the officer may determine, until 
he give the bond, not exceeding four calendar months. 

And where such person is a minor, the parent, guardian 
or employer of the minor, may give or cause the bond to 
be given. 

§ 13. When any power shall be vested in the mayor, or 
he is required to do any act or perform any executive func- 


MODE OF ENFORCING. 87 


tion, by these ordinances, or any other ordinance, it shall 
be done by the acting mayor. 

§ 14. That no suit, proceeding, right, fine, penalty Or No proceeding 
forfeiture instituted, created, given, secured or accrued Seer of 
under any ordinance previous to its repeal, shall in any “9 °U"™°* 
way be affected, released or discharged, but may be prose- 
cuted, enjoyed and recovered, as fully as if such ordinance 
had continued in force, unless otherwise expressly pro- 
vided. 

§ 15. That all summons may be in the following form: Form of sum. 


mons, 
STATE OF ALABAMA, 
City of Mobile 
To any Police Officer of the City of Mobile : 
You are commanded to summon to appear before 
me on , the day of , 18 ,.at the mayor’s 
office of the city of Mobile, to answer to a charge of 


Mayor’s Office. 


when you will then and there make return of this summons. 
Issued, Mobile, a Roh Te 
J. M. WITHERS, Mayor. 


§ 16. Or for a warrant of arrest: Form of war- 


rant. 


TATE OF ALABAMA, 
; City of Mobile. Mayor's Office. 
To any Police Officer of the City of Mobile, or to any lawful 
officer of the State: 

Complaint on oath having been made before me, that 
the offence of | has been com- 
mitted, and accusing thereof, 

You are therefore commanded forthwith to arrest 
and bring him before me. 

Dated of et Be a 

Signed, . J. M. WITHERS, Mayor. 
§ 17. And all executions: Form of execu- 


tions, 
STATE OF ALABAMA, 
City of Mobile. j Mayor's Opice 

To any Police Officer of the City of Mobile: 

You are hereby commanded of the goods and chattels 
of you make the sum of dollars, which the 
mayor, aldermen and common council, recovered in the 
mayor’s court of him on the day of , 18 , besides 


88 ORDINANCES. 
the costs; and make return to the mayor on the day 
of ,18 , at the mayor's office in your city, how you 


Bond for breach 


of city ordi- 
nance 


Bail to answer 
criminal charge 


Note. 


have executed this writ. 
Witness my hand this day of 18 
WHITFIELD TURNER, 
Clerk of said City. 

§ 18. Where a person is held to bail for a breach of the 
city ordinances, the bond shall be in substance as follows: 
STATE OF ALABAMA, We, 

City of Mobile. 
agree to pay the mayor, aldermen and common council of 
the city of Mobile the sum of one hundred dollars, unless 


the said appear before me or some one of the alder- 


men or common council, at the mayor’s office on the 
day of , 18 , to answer to a charge of . 
and to appear from day to day thereafter, until discharged 


by law. 
[L. 8.] 


[L. 8.] 

Approved, [L. 8.] 

JONES M. WITHERS, Mayor. 

§ 19. Where a person is held to bail to answer for an 
offence against the laws of the State, the bond shall be in 
substance as follows: | | 
STATE OF ALABAMA, \ We, 

Mobile County. 
agree to pay to the State of i banee dollars, unless 
the said appear at the next term of the city court 
of Mobile, for Mobile county, and from term to term, there- 
after, until discharged by law, to answer to the offence 
and that he shall keep the peace and be of good 
behavior, until so discharged. 


Mobile, 1a 
[L. S.] 
Peay 
Approved, [L. S.] 


JONES M. WITHERS, Mayor. 


Nore. § 3681.—The qualifications of bail are as follows: 

1. Each of them must be a resident of and a householder, and a freeholder, within 
the State. 2. They must each be with the amount, expressed in the undertaking, 
exclusive of property exempt from execution; but the court, magistrate or officer, in 
taking bail, may allow more than two bail to justify severally in amounts less than 
that expressed in the undertaking, if the whole justification be equiyalent to two 
sufficient bail. 


MODE OF ENFORCING. 89 


§ 20. Where a party is fined by the mayor, and desires Defendant may 
to give a stay bond for thirty days, it shall be substantially °° ““Y pong. 
as follows: 

STATE OF ee a We; 

« City of Mobile. 
are held and firmly bound unto the mayor, aldermen 
and common council of the city of Mobile, in the sum of 
(one hundred) dollars, which we jointly, severally and firm- 
ly, bind ourselves, our heirs and assigns, to pay. Sealed 
with our seals, and dated this day of Pi Bs 

The condition of the above obligation is such, that where- 
as, the above bounden was, on the day of A 
18 , fined by the mayor, or acting mayor, of the said 
city, the sum of dollars, for the breach of a city 
ordinance. 

Now, if the said shall, within thirty days from this 
date, pay to the said mayor, aldermen and common council, 
the said sum of dollars, the amount of said fine, then 
this obligation to be void, else to be and remain in full 


force and effect. 
fl. 8.] 


[L. S.] 
[L. 8.] 
§ 21. When party has been fined by the mayor, and fails Form of execu- 
to pay the fine or give bond, the form of commitment shall i 
be as follows: 


STATE OF ALABAMA 
‘ } Mazor’s Office. 


City of Mobile. 
Mayor’s Court of Mobile, held eB: 
To any Police Officer of the City of Mobile? 
You are hereby commanded to take the body of : 
and him safely keep for the term of’ — days, in the ; 


unless the following fine and cost are paid: 2 
THE Mayor, ALDERMEN AND Com- ) Convicted of 


MON CoUNCIL OF MoBILE, Fine, $50. 
V8. f Expenses of Prison 
5 keeping, $ 
Issued this day of , 18 


JONES M. WITHERS, Mayor. 


§ 3682.—In all cases in which there is a reasonable doubt as to the sufficiency of the 
bail, the court, magistrate, or officer, must require them to answer fully on their 
oaths as to their qualifications. 

49 


90 


Form of re- 
cognizance of 
witness. 


Commitment. 


Fee for bond. 


Bond to be de- 
posited with 
city attorney. 


ORDINANCES. 


22. Form of a recognizance to appear at court and 
testify : 
STATE OF ALABAMA, 
County of Mobile. ' 


We, A. B., B. C., C. D., witnesses against (or in behalf 
of) EK. F., charged with a public offence, do each agree to 
appear at the next (city court of Mobile) of Mobile county, 
to give evidence against (or for him) and failing so to do, 
to pay to the State of Alabama (or to E. F.) one hundred 
dollars. 


Dated, day of , 18 


QW > 
Faw 


Taken before me, 
JONES M. WITHERS, Mayor. 


§ 25. Form of commitment: 


STATE OF ALABAMA, 
County of Mobile. 


To the Jailor of Mobile County: 


On examination of A. B., charged with the offence of 

,it appearing that such offence has been committed, 

and that there is sufficient cause to believe that ane ts 
guilty thereof, 


} Mayor's Office of City of Mobile. 


You are therefore commanded to receive him into your 
custody, and detain him until he is legally discharged— 
admit to bail in the sum of $ | 

Dated day of , 18 

JONES M. WITHERS, Mayor. 


§ 24. For each bond taken and approved, there shall be 
collected the sum of fifty cents, which shall be accounted 
for by the officer receiving it to the chief of police, who 
shall pay the same over as other moneys of the city are 
paid. 


25. Whenever an appeal bond has been taken and 
approved, it shall be the duty of the chief of police, or 
acting chief of police, to forthwith deposit the same with 
the city attorney, together with a transcript of the case 
from the mayor’s docket, signed and certified by the mayor, 
and a list of the witnesses to establish the charge, and all 
the facts of the case within his knowledge. 


GENERAL PROVISIONS. 91 


ARTICLE IV. GENERAL PROVISIONS. 


§ 26. Be it ordained, That where the word ‘“ conven- Convention. 
tion” is used in these ordinances, it shall mean a conven- 
tion of the mayor, aldermen and common council of the 
city of Mobile, or in the absence of the mayor, the acting 

mayor shall be the presiding officer of the convention. 

§ 27. That the words used in these ordinances in the Meaning of cer- 


tain words i in 


past or present tense, include the future as well as the this code, past 


past or present. Words used in the masculine gender pee i 


include the feminine and neuter. The singular includes {fy Speut" 
the plural, and the plural the singular, the word ‘‘ person” Person. 
includes corporation, as well as natural person, writing Writing. 
includes printing on paper, oath includes affirmation, oath. 
signature or subscription includes mark, when the person Signature. 
cannot write, hisname being written near it and witnessed 

by a person who writes his own name as a witness. 

The word ‘property ” includes real and personal pro- Property. 
perty. 

The words “real property” are co-extensive with lands, Real property. 
tenements, hereditaments and permanent fixtures thereto. 

The words “personal property” include money, goods, Personal pro- 
chattels, things in action, evidences of debt, bills, bonds, vhs 
notes, deeds, and conveyances. , 

The word ‘‘vessel” shall include steamboats, steamers, vessel. 
boats, barges and all water craft. 

§ 28. That the municipal year shall commence on the Municipal year. 
first Monday in January in each year. 

The municipal year for the commencement of the terms 
of officers, not otherwise expressly provided for, shall 
commence on the first day of January, in each year. 

§ 29. All official bonds shall be made payable to the oficial ponds. 
mayor, aldermen and common council of the city of 
Mobile, and shall require security, and be conditioned 
‘Faithfully to perform the duties of his office according 
to the provisions of the charter of the city of Mobile, and 
all orders, ordinances, by-laws, and resolutions of the 
mayor, aldermen and common council of the city of 
Mobile now in force or hereafter to be made, to the 
satisfaction of the said mayor, aldermen and common 
council.” ; 


ORDINANCES. 


§ 30. The form of the bonds of the city officers and 


Official bond 


Form of oath. 


agents shall be in substance as follows: 


STATE OF ALABAMA, 
City of Mobile. Mayor’s Office. 


We, , acknowledge ourselves 
to be indebted to the mayor, aldermen and common council 
of the city of Mobile, and their successors in office, in the - 
sum of dollars, for the payment of which, we bind 
ourselves and our heirs, executors, administrators, and 
assigns, jointly and severally, by these presents. 


Signed with our hands and sealed this day of : 
in the year of our Lord one thousaud eight hundred and 


On the condition, that whereas, the said , was on 
the day of , A. D. 18, elected (or appointed) 
by the (mayor, aldermen and common council) of the city 
of Mobile, , for the municipal 
year ending on the thirty-first day of December 18 

If he shall well and truly execute and perform all of 
the duties of the said office according to the provisions of 
the charter of the city of Mobile, and all orders, ordi- 
nances, by-laws and resolutions of the said mayor, alder- 
men and common council of the city of Mobile, now in 
force or hereafter made, to the satisfaction of the said 
mayor, aldermen and common council, then this obligation 
to be null and void, otherwise to remain in full force and 
effect. 


[L. S.] 

[L. §.] 

[L. 8.] 

Witness. rors} 
ASAD: 
But: 


§ 31. Every officer in the service of the city shall take 
the following oath (or affirmation) before he shall discharge 
any of the duties of his office: 

I solemnly swear, that I will support the Constitution 
of the United States, and of the State of Alabama, and 
the charter and ordinances and by-laws of the city of 
Mobile, while I remain a citizen thereof, and that I will 


ATTORNEY FOR THE CITY.” 95 


truly and faithfully execute and discharge the duties of 
of the city of Mobile to the best of my 
knowledge and ability, so help me God. 


Subscribed and sworn to before me, } 
this day of 1s 
JONES M. WiTHERS, Mayor. 


§ 32. When any vacancy occurs in any office, it shall be Vacancies, how 
filled at once. In the case of the mayor or any one of 
the aldermen or common council, as is provided by the 
charter. | 

In all other cases, by the body or persons originally elect- 
ing or appointing. 

And the mayor is authorized to fill all vacancies until 
such election or appointment. hee 

In every case, the mayor is authorized and empowered to; Mayor may sus- 
suspend any officer or agent of the city from the discharge °°" 
of any or all of his duties, until (where the officer is elected 
by the convention) the boards of aldermen and common 
council shall direct such officer to resume his duties. 

In all other cases, for such time as he may see fit, or he Mayor may 
may remove such person from office. Aer ey 

§ 33. That a complete record shall be kept in the office Record of ordi- 
of the clerk of the city, of every ordinance, by-law and be kept fr the: 
joint resolution of the city, with the date of approval and “5% 
publication, and all proclamations of the mayor, with full 
and complete indexes thereto. 


= 


CHAPTER II. 
ATTORNEY FOR THE CITY. 
An Ordinance to create and define the duties of City Attorney. 


§ 34. Be tt ordained, That there shall be elected annually yyection of 
by the convention, a city attorney, whose duties shall be 4ttomey and 
To institute and carry on all actions at law, and in equity, Conduct suits. 
in favor of the city, to final judgment, and to defend all 
suits brought against the city where a defence should be 


made. 


4 ORDINANCES. 


Appearandat- ‘T'o appear before the police court, when notified by the 
tend at police 


court when mayor, and prosecute all. persons charged. with a violation 

fee! Y of any law or ordinance of: the city. 

Investigate To investigate all titles on behalf of the city, when re- 

’ titles. : . 

quested, and furnish reports thereof. 

Togiveopinions To give his opinion in writing on questions of law to the 
mayor, and boards of aldermen and common council, when- 
ever requested. 

To write con- To reduce.to writing all contracts where. the city is a 

pee party, and approve such written contracts before the same 
are perfected. 

To inform the To furnish the mayor with a statement in agenrols if 

ace et required, previous to the trial of every case pending, where 
the city is interested, fully advising him as to the legal 
points, the testimony necessary for the city, and all other 
confidential matters, relating thereto. 

To inform the To furnish the mayor and both boards with a written 

eee statement of suits pending, wherein the city is interested, 
at least twice in each year, and oftener if necessary. 

To pay over all To pay over all money collected by him as attorney for 

ahs the corporation, within five days after the collecting thereof. 

Attorney to § 35. He shall keep a record of all official opinions given 

PEE ina by him in writing, with the request therefor, and an index 

account book. thereto; and an account book, showing all claims placed 
in his hands for collection, all moneys received by him on 
account of the city, and all payments made by him into the 
city treasury. 

Also, adocket | He shall also keep a book or docket in which he shall 

of cases, . : : : 
enter an abstract of all suits pending, and all judgments in 
favor of, or against the city, in tabular form, substantially 
aS follows: Names of parties, suits when brought, in 
what court, nature of action, names of witnesses, abstract 
of proof for the city, what steps taken at last term, what 
preparatory steps necessary for next term, cause of contin- 
uance at last term, amount of judgment, date of execution, 
to what officer delivered, when returnable, the judgment 

Books tobe how Satisfied, or what other return, remarks, &c.; all of 


delivered to his 


successorin Wich books and docket shall be delivered by him to his 


sees successor in office. 

Books to be It shall be his duty, as soon as practicable after the pas- 
provided by the t . . ° 
city. sage of this ordinance, to procure the books above indica- 


ted, at the expense of the city, and to enter on the docket 


BALLS, BELLS, DRUMS, &C. 95 


book all judgments remaining unsatisfied in favor of the 
city, and to use all practicable and proper efforts to collect 
the same. 

That for the collection of all judgments rendered, prior Fees for collec. 
to his election, he shall be entitled to a commission of ten °°” 
per cent, 

Assistant counsel may be employed in any case, at the Assistant coun- 
diseretion of the mayor and the presidents of the two eas ilar 
boards. 

§ 36. That he shall give such bond, and be paid such Bondanda 
salary, payable quarterly, as the corporate authorities may “""™ 
from time to time determine, 


CWA DPE hh. Lit. 


An Ordinance to regulate and prohibit Balls, Bells, Drums, Fire 
Crackers, Rockets and Kites. 


§ 37. Be it ordained, That it shall not be lawful for any masked or pub. 
person to give or hold any masked or other public ball, or Ze pirciendne 


any party where licentious or disorderly persons may con- Bormtted by 
gregate within the city, unless with consent of the mayor 
in writing, under penalty not exceeding fifty dollars. 

§ 38. That no person shall ring any bell within the city Bells larger 
of Mobile, larger than an ordinary hand bell, except it be ae ee bene 
church bells, tavern, shipping, or steamboat bells, and bells 
giving an alarm of fire, insurrection.or riot, and the market 
bell, under penalty not exceeding twenty dollars. 

§ 39. That no drum shall be beaten in the city, except on No drum to be 
occasions of military, fireman and society parade, under?" °*°P~ 
penalty of not exceeding twenty dollars. 

§ 40. That it shall not be lawful for any person to fly any Unlawful to fly 
kite in the city of Mobile, under penalty of not exceeding 
fifty dollars. 


§ 41. That it shall not be lawful, for any person to dis- No person abil 
explode fire 
‘charge or explode any fire crackers, rockets or fire works, crackers or 
: . - , rockets, &¢, 
in the streets or on the side walks, without the consent of 


the mayor, under penalty of not exceeding twenty dollars, 


ORDINANCES. 


Established, 


Bodies not to be 
buried at any 
other place. 


_ Persons owning 
lots shall con- 
form to regula- 
tions. 

Penalty, 


Unlawful to tie 
horse or mule to 
any tree or 
shrub, 


Treasurer shall 


open an ac- 
count, ‘the 


cemotry fund.” - 


To pay to sex- 
tou monthly. 


To improve 
grounds. 


CHAPTER IV. 
BURYING GROUNDS. 
An Ordinance regulating Burying Grounds, 


ARTICLE I. GENERAL REGULATIONS. 
(JI, CITY SEXTON AND HIS DUTIES. 


ARTICLE I. GENERAL REGULATIONS, 


§ 42. Be it ordained, That the three lots of land lying in 
the city of Mobile, and now used as burial places, be and 
are hereby established as public burying grounds. 

§ 43. That the bodies of deceased persons shall not be 
buried at any other place within the limits of the ‘city, 
under penalty of not exceeding fifty dollars. 

§ 44. That all persons owning lots in said cemetries shall 
in fencing the same and in planting trees or shrubs, con- 
form to the regulations adopted by the city, under penalty 
of twenty dollars, and such fence, tree or shrub shall be 
removed. 

§ 45. That it is unlawful to hitch or tie any horse, mule, 
or other animal to any ornamental tree or shrub, that is or 
may be planted in either of the burying grounds, under 
penalty of ten dollars. 

§ 46. That the city treasurer shall open an account to be 
known as the cemetery account; crediting such account 
with all money received from the city clerk for the sale of 
lots and permits, orders, &ec., and charging the same, with 
the amount paid to city sexton, clerk, and expenses proper- 
ly appertaining thereto. It shall be his duty to pay to the 
city sexton monthly, on an order signed by the mayor, all 
money reported by the sexton for fees for interments in the 


city cemeteries, first deducting therefrom twenty per cent, 


of said amount. 

This sum of twenty per cent., together with all other 
sums accruing under this ordinance, shall be set apart for 
the improvement and embellishing of the city cemeteries. 


3URYING GROUNDS. 97 


Two hundred dollars of it shall be first set apart for the 200 for clerk. 
extra payment of the city clerk. 

The amount received for embellishing the city cemeteries Improvements 
shall be expended under the direction of the joint committee putisd oe 
of public grounds and property, who shall report such P*)Y? sounds: 
expenditures to the boards. 

The treasurer shall pay the amount so expended on an How expended. 
order signed by the mayor and chairman of the committee. 

The treasurer shall make monthly reports to the boards Treasurer to 


7 - ; ake month] 
of the receipts and expenditures of the cemetery fund. repentant 


ARTICLE II. CITY SEXTON AND HIS DUTIES. 


§ 47. That there shall be elected annually in convention Sexton clected. 
a city sexton, who shall give such bond and receive such Bona. 
fees or compensation as the corporate authorities may from 
time to time determine. 

His duty shall be to take care that the walls and fences 
are not injured, 

To keep the walks and inclosures of the cemetery clean Keep walks, 
and in good order. wih ees) re 

To permit no encroachments to be made therein, and no 
defacing of tombs or monuments, or profanation of any 
kind to take place. 

He shall direct or oversee the digging of all graves and Direct the dig. 
cause each grave to be dug at least five feet deep, and to be £25 % 
piaced in conformity to the plan or plot of the grounds 
and avenues, and to be so dug that all monuments may 
face the respective avenues, unless otherwise directed by 
the mayor. 

The decision of the mayor shall be his guide in all cases mayor to decide 
of disagreement with any lot owner. on 

He shall cause every grave to be properly covered, and He shall be noti- 


- fied of the open- 
every tomb or vault properly opened and closed; and in ing of graves 


case of the remoyal of a body from the graveyard, by any 3h Gnova ore 
other than the city sexton, he shall first be notified, and 
the city sexton shall record the removal and see that the 
grave or vault is properly filled or closed; and if the re- 
moval be from one lot to another in the graveyard, it shall 
be done by the city sexton exclusively, and he shall receive 
reasonable compensation therefor. 
15 


YS ORDINANCES. 

Keep map. He shall keep a map of the grounds with all the names 
of the lot owners, names of avenues and walks, which map 
must be kept ciean and neat, and at the expiration of his 
term of office, shall be deposited by him with the city clerk. 

Paupers to be § 48. The city sexton shall bury such paupers, free of 

ee charge to the city, as the corporate authorities may from 
time to time determine, and shall furnish a plain pine 
coffin therefor, and carry the corpse from any point in the 
city to the new cemetery and there deposit it in the grave. 

Wo pody suibe § 49. That no “body” or ‘‘ corpse” shall be removed for 


interred with- 


out a certificate interment in the city cemeteries, or in any cemetery out of 
ee ag the city, without first having obtained the certificates of 
Physician shall the attending physician, or of two eitizens, stating the 
give certificate. ; 4 4 Sea ee ee : 
name, age, sex, color, nativity, disease of the deceased, and 
date of death, and if the physician refuses or neglects to 


give such certificate, he shall be fined such sum as the 


In case of mayor may inpose, not exceeding fifty dollars. Or in case 
‘de Ae y 
lence, Of death by murder, fraud, force, violence, or casualty, then 


the certificates of the coroner, or jury, which certificate 
Clerk tomake Shall be presented to the city clerk, who shall thereupon 
register os enter the particulars set forth in the certificate, the num- 
order burial. er of the lot or place wherein the corpse is to be interred, 
in a book properly kept, known as the “‘register of deaths ;” 
the clerk shall then issue the permit and order for burial 
directed to the sexton, and require the payment of such 
fees as the corporate authorities may from time to time 
determine. 
Incase of sick. 1n case of sickness of the clerk, and on the Sabbath day, 
ween muay act He May provide the sexton with blank permits to be used 
when necessary. 
The sexton shall be held accountable for their lawful 
application in the same manner and to the same extent as 
the clerk. 


City clerkshal! The city clerk shall pay over to the city treasurer weekly 
opived t> —-s Al Moneys received by him by virtue of this ordinance, 
erhiir 8 er and shall make report of the same to the boards. He 
Shall keepmap. shall keep a map similar to the one kept by the sexton, 
He shallse—! Upon which he shall make the same entries. It shall be 
the lots, &e- ‘his duty to sell any lot or lots, and issue deeds therefor. 

Salary. of lore: For all of which services he shall receive the sum of two 


hundred dollars per annum, payable quarterly out of the 
cemetery fund. 


CARTS, DRAYS, WAGONS. 99 


It shall be the duty of the city sexton to keep at. his Sexton to keep 
y of register 
office a copy of the “register of deaths,” and to make a of deaths, ret 


monthly and annual report to the boards of aldermen and oaks only 
common council of all of the particulars contained therein. 

' It shall not be lawful for the city sexton to be interested Not to be in- 
either directly or indirectly in the purchase or sale of any mae are 
lot in the city cemeteries except for his own family use. 

For the violation of any of the provisions of this ordi- 
nance, he shall be fined not exceeding fifty dollars. 

The clerk shall issue permits for the burial of paupers Clerk to issue 
without any fee, but he shall require a certificate from the yak 
sexton, signed by the attending physician or by two ered- 
ible citizens, that deceased was a pauper. 


CHAPTER V*. 
CARTS, DRAYS, WAGONS. 
An Ordinance respecting Carts, Drays, Wagons, &c. 


§ 50. Be it ordained, That the owner of each and every License. 
dray, cart or wagon kept for hire or employed in hauling, 
or used for any purpose within the limits of the city, shail 
obtain a license to run such dray, cart or wagon, to be 
issued by the mayor under the seal of the corporation, and 
countersigned by the clerk, and shall give such bond, and Bona. 
pay such sum for said license per annum as the corporate 
authorities may from time to time determine. 

The clerk shall number said licenses, beginning with No. Clerk shall 
1, for each, and terminating in each case with the highest er nk 
number issued during the term of one year, commencing on 
the first days of January, April, July or October of each 
year, and terminating first day of January thereafter. 

This ordinance shall not extend or apply to wagons and Polite extend 

to produce 
carts employed in hauling for the owner, the products of wagons, &c. 
his farm, and wagons and carts used for private family use 
where no money is received, nor to carts employed solely in 
the service of the city. 

§ 51. That the owner of every dray, cart or wagon re- Owner to num- 
quired to take out a license, shall cause the same to be hae 
numbered on both sides with the number of the license 


100 


Clerk to keep a 
book of names. 


Bonds given 
shall be entered 
and kept in a 

~ book. 


Transfers to be 
entered. 


Driver of cart 
or dray com- 
pelled to take 
joad, 


Penalty. 


Load defined. 


ORDINANCES. 


issued for said dray, cart or wagon, with plain and con- 
spicuous figures, such as may be furnished by the clerk of 
the city. 
No dray, cart or wagon shall be used without being so- 
licensed and numbered. 
§ 52. That the clerk of the city shall keep a book in 
which he shall enter the names of all owners of drays, carts 
or wagons, and the number and date of each license, and 
also a book in which shall be entered all the bonds given 
by them for the faithful performance of their duties as 
public carriers, which book shall also contain a complete 
index of the names of the principal and sureties. 
That every sale or transfer of any dray, cart or wagon 
shall be made known to said clerk at his office, and he shall 
make an entry thereof; and if the owner fail or neglect to 
notify the clerk, of the sale or transfer, within five days 
thereafter, the license is declared to be forfeited. 
§ 53. That every driver of a cart or dray used for public 
hire, when unemployed, shall go to any place in the 
inhabited part of the city to which he may be directed, and 
there load his cart or dray, and shall not refuse to take 
such load to such other place in the inhabited parts of the 
city as he may be required, under penalty of not exceeding 
fifty dollars. 
§ 54, That every driver of a cart or dray shall, if required, 
take upon his cart or dray a full load and no more. 
A full load is 3 bales of cotton. 
5 barrels or 20 kegs of lard. 
1 hogshead of tobacco. 
- 30 bushels of corn. 

1 hogshead or 5 barrels of sugar. 
2 tierces of rice. 
3 barrels of molasses. 

10 coils bale rope. 
8 sacks coffee. 

12 pieces bagging. 

5 barrels pork or other salted provisions. 
8 barrels loaf sugar. 

5 barrels mackerel. 

8 barrels flour. 

8 barrels coal. 

4 bales hay. 


CARTS, DRAYS, WAGONS. 101 
RRS Es RMT ae ela Md tad SA Ae en 
5 barrels potatoes. 
4 bales moss. 
8 barrels beans. 
12 kegs nails. 
10 boxes tobacco. 
2 casks bacon. 
© barrels tar. 
7 sacks salt. 
6 barrels rosin. 
40 bushels of oats. 
1 pipe brandy. 
8 barrels apples. 
2 casks claret or other liquor. 
4 barrels whiskey or other liquors. 

And a load of any article not enumerated, or of which 
only a part is enumerated, shall not exceed in weight fifteen 
hundred pounds. 

§ 55. That every driver of a cart or dray shall be entitled Drayage ana 
to demand and receive of the person who employs him “"*° ** 
such fees or compensation as may from time to time be 
determined by the corporate authorities. 

Any person who shall charge more than the rates fixed penalty. 
by the corporate authorities, or shall otherwise violate the 
provisions of this ordinance, or who shall aet improperly 
or corruptly in the performance of his duty as a public 
carrier, he shall be fined in such sum as the mayor may 
impose, not exceeding fifty dollars, and the mayor may, at Mayor may 


revoke license 


his discretion, revoke his license. for overcharg- 
ing, &e. 


§ 56. That every driver of drays, carts, wagons, and Driver of cart, 


carriages of burthen or pleasure, driving in and through Pak ey cate 
the streets, lanes and alleys in the city of Mobile, where f/8) side ot 
there is sufficient room for two to pass, shall keep on that 

side of the street, lane or alley which is on his right hand 

in the passing direction, under such penalty as the mayor Penalty. 
may impose, not exceeding fifty dollars. 

§ 57. That no person shall sit or stand in or upon any Shall have 
dray, cart, wagon or carriage of burthen or pleasure, or on * "=" 
any horse or beast harnessed thereto, unless he shall have 
strong reins or lines fastened to the bridle of the horse or 
beast, and held in his hands, sufficient to guide and restrain 
them from running, galloping or going at immoderate 
speed through the streets, lanes, or alleys of the city. 


102 


Not to gallop, 
&c. 


License for 
cab, &e. 


Hack and cab 


hire. 


Penalty for 
overcharging, 
&c.; mayor 
may revoke 
license. 


Penalty for 
refusing, to 
carry persons. 


To be number- 
ed on lamps. 


ORDINANCES. 


That no person driving or riding any horse or beast in 
the city shall permit or suffer such horse or beast to go in 
a gallop or other immoderate gait. 


CHAPTER VI. 
COACHES, CARRIAGES, CABS, &c. 
An Ordinance respecting Coaches, Carriages, Cabs, &c. 


§ 58. Be it ordained, That the owner of every carriage, 
hack, cab, omnibus, buggy, gig, or sulkey, kept for hire or 
for the conveyance of passengers, shall pay annually in 
advance into the city treasury, such sum for license or 
licenses as the corporate authorities may from time to time 
determine. 

Which shall authorize them to run within the city under 
the regulations and penalties of the city ordinances. 

§ 59. That the drivers of such vehicles shall be permitted 
to charge such compensation as the corporate authorities 
may from time to time determine, and shall not be permit- 
ted to charge double rates after 10 o’clock at night. 

Any person who shall charge more than the rates fixed 
by the corporate authorities, or shall otherwise violate the 
provisions of this ordinance, or who shall act improperly 
or corruptly in the performance of his duties as a carrier 
of passengers, baggage, or other property, shall be fined 
in such sum as the mayor may impose—not exceeding fifty 
dollars—and the mayor may, at his discretion, revoke his 
license. 

§ 60. That any owner or driver of a carriage,: hack or 
cab, who shall refuse either to a number of persons, or to 
a single person, to convey him or them according to the 
provisions of this ordinance, shall be fined not less than 
five nor more than fifty dollars. 

§ 61. That every carriage, hack or cab, shall have the 
number of the same painted on the lamps, in figures, in a 
conspicuous manner not less than three inches long and | 
properly proportioned. 


COACHES, CARRIAGES, CABS, &C. 105 

§ 62. And said lamps shall be lighted every night, Lamps to be 
moonlight or dark, at dusk, and continue so lighted w hile pee 
in the streets or elsewhere on hire, under penalty of not Penalty. 
less than five nor more than fifty doilars, to be imposed on 
the owner or driver. 

§ 63. That it shall not be lawful for any owner or driver Not to stand in 
of any carriage, hack, cab, buggy or vehicle kept for hire Heeling my 
or the conveyance of passengers or otherwise, to occupy Sosentot 
with the same, any place or stand in any of the streets of °Y"” 
the city, in front of any dwelling house or store, against 
the consent of the owners or occupants, longer than is 
necessary to set down or take up passengers, except in the 
places hereafter designated. 

It shall be the duty of all drivers of public vehicles, Driver shall 
when employed in conveying passengers, and during the caicenieoperth 
time they are waiting for passengers or employers, to con- 
duct themselves in a quiet, peaceable and orderly manner. 

To take up and set down their loads as expeditiously as Duties of 
possible; to give way for the drivers of other vehicles to 
deposit or receive their loads; and not to encumber or 
block up any passage-way or street; to avoid all collisions 
or interference with other vehicles, and to avoid all conten- 
tions, disputes, altercations and affrays with other drivers 
or persons. 

It shall be the duty of every driver of a public vehicle, 
while at the stands, to remain in his seat or within ten feet 
of his horse’s head; and on all and every occasion of 
leaving their vehicles they shall leave their whips in them, 
and it shall not be lawful for any driver of any vehicle to Shall not sleep 
sleep in the same while on the public stand. pouie meena: 

§ 64. That no person shall engage in racing with car- sap at bh 
riages or public vehicles, or drive at a speed to endanger fined.” 
the safety of persons of passengers. 

§ 65. That every owner or driver of a public vehicle shall Driver to keep 


é : é f . é a copy of this 
obtain from the city clerk a printed copy of this ordinance, érdinance 


and any amendments thereof hereafter made, at the time Bee ie 
of getting his license, which he shall keep at all times 
posted or hung up in a conspicuous place inside of his ve- 
hicle for the inspection of his passengers. 

§ 66. That the public stands for carriages, cabs, and other Where public 
public vehicles for the conveyance of passengers and bag- ames ar i 


gage, and public use, shall be fixed at the following named 


104 ORDINANCES. 


places, viz: On the east side of Royal street, between 
Government and St. Louis streets, up to 12 o’clock M.; on 
the west side of Royal street, between Government and St. 
Louis streets, atter 12 o’clock M.; on the west side of St. 
- Joseph street, between Dauphin and St. Francis; on the 
north side of Government street, between Royal and St. 
Emanuel streets ; and on the south side of St. Louis, be- 

tween Royal and Water streets ; and not elsewhere. 
Shall not re- And if any owner or driver of any public vehicle stop in 
cance front of any store, dwelling, or other house, other than 
papinstor those fronting such public stands for a longer time than is 
necessary for taking up or putting down a load, or waiting 
for an engaged load, or shall violate any gther provisions 
Penalty. of this ordinance, he shall be fined such sum as the mayor 
Vehicles may may impose, not exceeding fifty dollars: Provided, This 


Sfulucsot Shall not prevent such public vehicles from standing in 


Seen} front of any places of public amusement at night. 


CHAPTER VII. 
CHIMNEYS AND CHIMNEY SWEEPS. 


An Ordinance to regulate Chimneys and Chimney Sweeps. 


Chimneyama  § 67. _Be it ordained, That it shall be the duty of each 
ate owner or occupant of every house, within the limits of the 


f : ; . 
if boildinesto, city, to Sweep, or cause to be swept, at least once in every 


have chimney 


Soton ts three months, every chimney in which he, she, or they 
Penalty for habitually keep a fire; and if any chimney shall take fire 


on through neglect of being properly swept and cleansed, the 
occupant of the house, room, or apartment to which such 
chimney appertains, shall pay such fine as the mayor may 
impose, not exceeding fifty dollars. 

License may That upon the application of any person, a license may 


chimney sweep. be granted to carry on the business of a chimney sweep, 
He shallkeep Which shall be deemed a third grade license; and such per- 
an office. ; 
son shall have an office or place of business where he can 
be found, or where orders may be left by any resident de- 
Compensation. Siring to have his chimney cleansed, and he shall be 
authorized to charge for such service such sum as may be 
just and reasonable. 


CLERK OF THE CITY. 105 


CHAPTER VIII. 
CLERK OF THE CITY. 
An Ordinance to create and define the duties of City Clerk. 


§ 68. Be it ordained, That there shall be annually elected Elected. 
by the convention, a clerk of the city, who shall give such Bona. 
bond and receive such salary as may be from time to time Salary. 
established by the corporate authorities, and keep his Oftice. 
office in the municipal buildings, where he shall attend 
from 9 o’clock A. M. till 3 o’clock P. M. of each day. 

Whose duty shall be: 

To keep a correct record of all the proceedings of the Duties. 
board of aldermen and common council. 

To attend at all the meetings of the board of aldermen, 
and make proper entries and records of all orders, resolu- 
tions, ordinances, opinions, and proceedings of the board. 

To keep a separate book, in which shall be entered in full 
all ordinances, by-laws, and joint resolutions adopted by 
the city, with full and complete index thereto. 

To carefully file and preserve in his office all books and 
papers which may be delivered to him by virtue of his 
office, and to mark and number such papers. 

To keep at all times the office free and accessible to any 
person having a right or claim of business therein. 

He shall notify the city printer of all called or special shai notify 
meetings of the board of aldermen, or meetings of a con- Ciletorspecial 
vention, and report to the mayor any failure of the city Pens’ {ne 
printer to have a reporter present at any called or regular ©o7ve" 
meeting of the said board or convention. 

He shall cause to be printed, on appropriate cards, the Duties of clerk. 
ordinance to regulate ‘coaches, carriages, cabs, We.,” and 
at the time of issuing a license to any owner, agent or 
driver of a public vehicle, he shall deliver with the license 
a copy of such printed ordinance to such owner, agent or 
driver, to be posted up in each public vehicle; such cards 
shall contain a list of the rates or charges for such public 
vehicles, established by the corporate authorities, conspic- 
uously printed thereon. 

14 


106 


Shall keep a 
bulletin board 


ORDINANCES. 


He shall, as soon after the passage of this ordinance as 


of all the taxes, practicable, make out and at all times keep on a bulletin 


fees and 
charges which 
affect the 
public. 


Shall make the 
appropriate 
changes on 
bulletin board. 


Fees to be paid 
to clerk. 


board, for public inspection, a complete and accurate list 
of the rate of taxes on real and personal property and. 
sales, and rates of licenses on business pursuits and pro- 
fessions, and rates of all other fees, deeds and licenses ; 
also a complete and accurate list of the rates of charges 
allowed to be demanded and received by all owners, agents 
or drivers of public vehicles, of all kinds, for the convey- 
ance of freight and passengers. 

He shall from time to time, as such taxes, licenses, or 
other charges are changed by the corporate authorities, 
make the appropriate change on the bulletin boards, so 
that the public may at all times, by reference thereto, 
know what is the law on those subjects. 

He shall also, at the same time, make out and furnish to 
the chief of police a like list, to be kept on a bulletin board 
at the police office for the inspection of the public, and make 
the appropriate changes on that list when necessary. 

To perform all other duties required by the city ordi- 
nances or by-laws. | 

§ 69. That he be required to demand and receive the 
foliowing fees, which shall be paid by the applicant to the 
clerk, who shall pay the same to the city treasurer: 


For issuing license for each dray, cart, wagon, car- 


riage, or other vehicle, - - - - . - $1 00 
For issuing license for retailing spirituous liquors, - 2 00 
For any certificate required by any person, — - . 50 
For any copy of the records, or of any papers in the 

office under one hundred words, — - . . - 50 


For any copy over one hundred words, at the rate of 50 
for the first hundred words, and thirty cents for each 
additional hundred. 


To perform all other duties generally, under the direction 
of the mayor, which clerks of cities are required or accus- 
tomed to perform. 


FACTORIES—FENCES. 107 


CHAPTER IX... 
FACTORIES. 
An Ordinance to regulate the establishment of Candle and Soap Factories. 


§ 70. Be it ordained, That no person shall establish with- not to ve 
in the city, the boiling of any materials for the manufacture S\inout license. 
of soap or candles, or any factory of soap or candles, unless 
he shall first obtain the written certificate of the board of 
health that the location which he has selected for that 
purpose, will not prove injurious to the health or comfort 
of the neighborhood. 

This certificate shall be submitted to the mayor, and if 
he approve of the location, he shall grant a license for the 
establishment of the factory at the place named in the cer- 
tificate. 

Any person violating this ordinance, shall be fined in penalty. 
such sum as the mayor may impose, not exceeding fifty 
dollars. 


CHAPTER X. 
FENCES. 
An Ordinance to regulate Partition Fences. 


§ 71. Be it ordained, That all partition fences in the city, A¢ the cost of 
shall be erected, built, and kept in repair, at the joint pcre ak 
expense and cost of the person whose grounds shall be 
inclosed or separated thereby. 

That in all cases where any dispute shall arise, as to the pispate, how 
sum or sums of money to be paid by either party for the *°t¥e* 
erection, building or repairing, any partition fence, the 
party aggrieved may complain to the mayor. 

The mayor shall appoint three respectable freeholders of 
the city, as inspectors, whose duty it is, to examine said 
fence, and report to the mayor the sum to be paid, and to, 
and by whom. 


108 


Companies 


authorized. 


Duties of 
company. 


ORDINANCES. 


Thereupon the mayor shall make an order, requiring the 
delinquent, within the term of ten days, to pay to the per- 
son to whom the same may be due, the sum so reported, by 
a majority of the inspectors. 

And if the delinquent shall neglect, or refuse, after due 
notice of the order, to pay said sum of money, the person 
so neglecting, or refusing, shall be fined in such sum as the 
mayor may impose, not exceeding fifty dollars. 


CHAPTER Xf. 
FIRES. 
An Ordinance concerning the Fire Department. 


ARTICLE I. TO CRGANIZE THE FIRE DEPARTMENT. 
és II. TO ESTABLISH PRECAUTIONARY MEASURES. 
“ III, TO ESTABLISH A BOARD TO INVESTIGATE THE ORIGIN OF. 


ARTICLE I. TO ORGANIZE THE FIRE DEPARTMENT. 


§ 72. Be it ordained, That there be established such num- 
ber of fire engines, hook and ladder, hose and bucket com- | 
panies, as may be deemed expedient by the city. For the 
management of each, there shall be a company enrolled and 
organized agreeably to such by-laws as said companies may 
deem expedient and proper, for the purpose of compelling 
the attendance of such members of said companies, in case 
of fire, or an alarm of fire. 

Such companies may elect from their number such offi- 
cers to command the same as they may deem proper. 

The officers, when elected, shall have and exercise the 
power of compelling the attendance of the members accord- 
ing to the by-laws, and to demand and collect all fines that 
may be incurred by such by-laws. 

§ 73. That it shall be the duty of each company to take 
care of and keep in good order their respective engines, 
hose, hooks, ladders, and other apparatus, and to have them 
at all times ready for use. 


FIRES. 109 


That each officer, member, honorary member, and the Members 
fire wardens of the fire department, shall be exempt from port.” 
paying a city head tax. 

§ 74. That it shall be the duty of the foreman or officer Duty of 
in command of each company, to cause their engines and °°" 
apparatus to be worked at least once in each month, by 
the company, under penalty of not exceeding fifty dollars. 

§ 75. That as often as a fire shall break out, the firemen Duties in case 
shall repair at once, upon the alarm thereof, to their respec- ° ""™ 
tive engines or other fire apparatus, and convey the same to 
the place of the fire, unless otherwise directed by the chief 
or other engineer, and there, in conformity with the direc- 
tion given by the chief engineer, manage the engines and 
other apparatus to the best advantage. 

And when the fire is extinguished, shall not remove 
therefrom but by the permission of the chief or other en- 
gineer in command. 

§ 76. That no fire engine or other fire apparatus shall be No engine to 
removed or taken from its house unless a member of its Cceopt by a 
company shall be present, under a penalty of not exceed-"™°™"*™ 
ing fifty dollars. 

That it shall be the duty of the officers of every fire com- Oftcers shall 


j ; : : * ‘eport any 
pany to report all violations of this section to the chief or Vidlation of 
other engineer. | this. 


§ 77. That the fire department shall be under the control Department | 


of one principal or chief engineer, and two persons to be of chief and 
called 1st and 2d assistant engineers. ele 
They shall be elected from among the fire department riectea. 
annually, on the third Monday of April, by the qualified 
white firemen of the several fire companies, and the fire 
wardens of the city. | 
Said election to be conducted under the management of How. 
an officer or delegate from each fire company, or by any 
three of said officers or delegates. 
§ 78. In the event of the death, resignation or vacancy vacancy, how 
of the office of chief engineer, at 
It shall be the duty of the fire department, under the 
direction of the first assistant engineer, within ten days 
after such vacancy shall occur, to elect some person to fill 
the vacancy, in the manner prescribed for the election in 
April, 


110 


Vacancy, how 
ilied 


lied. 


No one but 
those named 
shall vote. 


Lists to be 
furnished. 


Duties of 
oflicers. 


Duty of 
engineer. 


Persons at- 
tending fires 
required to 
assist. 


ORDINANCES. 

And the person so elected shall hold office till the next 
election in April. 

§ 79. That if from any cause the office of the first and 
second assistant engineers or either of them become vacant, 

The chief engineer shall, within ten days thereafter, fill 
the vacancy by his appointment from among the fire depart- 
ment, and the person so appointed shall hold office until 
the election in April thereafter. 

§ 80. That no person except fire wardens shall vote at 
the election for officers of the department who has not 
been elected a member of one of the nipapsnrt thirty days 
previous to said election. 

It is the duty of the secretaries of the Seanad to fur- 
nish an attested list of the members of their companies. 

§ 81. That the several officers commanding the compa- 
nies, shall obey all orders of the chief engineer or of the 
assistants, when emanating from the chief in command, 
either in time of fire or at an alarm of fire, under such 
pevalty as the mayor may impose, not exceeding fifty 
dollars. 

That the engineer in command shall place himself in the 
most advantageous and conspicuous station for giving 
directions to the firemen, and the orders of the engineer so 
in command shall be paramount to all others. 

§ 82. That the engineer in command shall inspect the 
several fire engines, hose, hooks, and ladders, and other 
fire apparatus, as often as he may deem necessary, but not 
less than once in each month. 

If any of the engines or apparatus should require any 
extensive repairs, he shall report the same to the mayor, 
aldermen and common council, that it may be done at the 
expense of the city. 

He shall make a report of the state of the several com- 
panies once in each year, together with the names of all 
the members of the department, and the companies to 
which they may belong, which report shall be published in 
the official journal of the city. 

§ 83. That all persons attending fires, not members of 
the fire department, may be required to assist the firemen 
if called on by any officer of the department, or of a com- 
pany, or by either of the fire wardens. 


FIRES. 111 
CURR o te Sod Se 

Any person refusing or neglecting to render reasonable 
aid shall be fined not exceeding fifty dollars. 

§ 84. The chief engineer and the assistants shall be fined Penalties. 
such sum for any neglect of duty, as the mayor may im- 
pose, not exceeding fifty dollars. 

§ 85. That the engineer in command shall be authorized, Engines att 
with the concurrence of the other engineers or of the remove or pull 

5 down building, 
mayor, or of one of the aldermen or councilmen, to pull &e., in case ~ 
down or remove (or cause it to be done,) any building, *”"” 
matter, or thing, which they may deem necessary, in the 
exercise of a sound judgment, to suppress the ravages of 
the conflagration. 

§ 86. That each of the engineers shall be furnished with Engineer to 
a trumpet, and a fire cap such as is now worn, at the ex- trumpet, &c. 
pense of the city, not exceeding seventy-five dollars in any 
one year. . 

The caps are to be painted blue and lettered “ chief 
engineer,” ‘ first assistant engineer,” “second assistant 
engineer.” 

§ 87. That to all such companies as fully conform to all Annual appro- 
ordinances of the city, adopted for their government, there eighty 
shall be appropriated annually on the first of April, out of 
any moneys in the treasury, not otherwise appropriated: 

To the fire engine companies five hundred dollars each. 

To the Mobile hook and ladder company the sum of two 
hundred dolars. 

Payable quarterly thereafter on the order of the fore- 
man, countersigned by the secretary. 

§ 88. That no company shall permit any person to be- No person to 
come a member of it, under the age of eighteen years, whe iy eidee 18 

Nor any person who has been expelled from any of the eer che Seka 
companies of the department, unless he has been re- aase he 
instated in the company expelling him. 

§ 89, That there shall be one fire warden elected for right fire 
each company by the firemen at the same time and in the ste 
same manner of electingthe engineers, whose duty it is to Duties. 
repair at once on the alarm of fire to the place where it 
may be, and to assist in the preservation of property, and 
to keep all idle and suspicious persons at a proper distance 
from the fire and its vicinity. 

§ 90. That the fire wardens may choose out of their atin 


number a president and secretary, at such time and in dent and 


secretary. 


ORDINANCES. 


STS 1 MCSA Re Oe ee EO, RO PERSP OCR Re re ete 


Duty of mar- 
shal and chief 
police, on an 
alarm of fire. 


Night police not 


to ieave his beat 
to attend fire. 


Penalty. 


4‘ Fire depart- 
ment of the 
city of Mobiie,” 
authorized. 


Fines under 
this ordinance 
to go to 
fireman’s fund, 


Fire limits. 


such manner as they may see fit, and may make stich rules 
and impose such fines as in their judgment may best 
secure the performance of their duties. 

§ 91. That it shall be the duty of the chief of police and 
all police officers, to repair at once on an alarm of fire, to 
the place where such fire may be: Provided, That no night 
policeman shall leave his beat while on duty to attend 
any fire. 

And it shall be the duty of all police officers, there to 
report themselves to the chief of police, and to obey such 
orders as may be given by the mayor, or aldermen, or com- 
mon councilmen, or engineer, for the preservation of the 
public peace, and the removal of all idle and suspicious 
persons, or others not actually and usefully employed in 
aiding or extinguishing the fire, under such penalty as the 
mayor may impose, not exceeding fifty dollars. 

§ 92. That the engineers, fire wardens, and the fire com- 
panies, are hereby authorized and empowered to form an 
association to be called ‘* The Fire Department of the City 
of Mobile,” and to make such by-laws, as they may deem 
expedient for the government of said department: Provided 
said by-laws shall in no way conflict with the city ordi- 
nances, the laws of Alabama, or of the United States. 

§ 93. That all fines imposed by this ordinance, are an- 
propriated to the fireman’s fund, for the benefit of the sick 
and disabled firemen and their families. 


ARTICLE II. 
An Ordinance to establish Precautionary Measures. 


§ 94. Be it ordained, That the fire limits in the city of 
Mobile shall be as follows: 

Commencing at the river in Canal street, running along 
the centre of Canal to Royal street, along the centre of 
Royal to Eslava street, along the centre of Eslava to 
Joachim street, along the centre of Joachim to Monroe 
street, along the centre of Monroe to Cedar street, along 
the centre of Cedar to Government, including both sides 
of Government to Bayou, along the centre of Bayou to St. 
Francis street, along the centre of St. Francis to Cedar 


FIRES. 


street, along the centre of Cedar to St. Anthony street, 
along the centre of St. Anthony to Jackson street, along 
the centre of Jackson to Adams street, along the centre of 
Adams to Joachim street, along the centre of Joachim to 
Hunt street, along the centre of Hunt to Royal street, along 
both sides of Royal to the One Mile Creek, thence along 
the One Mile Creek to the Mobile River, and from thence 
to the place of beginning. 

That within those limits no building shall be erected or 
constructed of wood, under penalty of fifteen dollars for 
each and every day that any person shall permit, or be 
concerned in erecting such wooden building. 


113 


§ 95. That the fire wardens shall examine the dwelling puty of fire 


houses and other buildings, in their respective districts, in 
the months of May and November of each year, and 
oftener if they think proper. 

To ascertain violations of this ordinance, to examine the 
fire-places, hearths, chimneys, stoves and the pipes thereto, 
ovens, boilers, kettles, and everything which in their opin- 
ion may be dangerous in causing or promoting fire. 

And upon finding any of them defective or dangerous, 
either of them may direct the owner or occupant by 
written notice to alter, remove, or amend the same, in such 
manner and in such reasonable time, as either of them 
may deem necessary. 

To enter and examine all buildings, livery or other 
stables, hay boats, or vessels, and places where gunpowder, 
shavings, or other combustible materials may be lodged, 
and give such directions in writing, in the premises, as 
may be deemed necessary, relative to the moving thereof. 


wardens. 


And any person failing to observe and obey the direc- Persons 
tions of the wardens, or either of them, shall be fined such obey, fined. 


sum for each day that such neglect or refusal continues, as 
the mayor may impose, not exceeding fifty dollars. 


§ 96. That no person shall have in his possession in the No coal or 


city, any coal, wood, pales, planks, stayes, shingles, lumber ¢ 
or fuel of any description, combustibles, or materials that 
may occasion hazard, or danger of fire, unless the same 
shall be placed or secured in such situation and in such 
manner, aS the mayor, or any one of the aldermen or 
common council shall consider safe, or secure from danger 
of fire. 
15 


wood, &c., or 


ombustibles. 


114 ORDINANCES. 


Pena ty. And any person failing to remove such articles, when 
directed to do so by the mayor or any one of the aldermen 
or common council, shall be fined such sum for each day 
of such neglect or failure, as the mayor may impose, not 
exceeding fifty dollars. 

No fire-arm to § 97. It is not lawful for any person to discharge any 

be discharged ° 4 : 

inthecity. gun, pistol, fowling-piece, or fire-arm, nor to let off, or dis- 
charge, any rocket, fire-cracker, squib, or other fireworks, 
in any street, court, yard, lot, walk, or public highway, or 
from the door of any house or building, or near any house 
or any inhabited part of the city, on any pretext, under a 


Penalty. penalty of such sum as the mayor may impose, not exceed- 
ing fifty dollars. 
Exception. This section shall not extend to military reviews. 


Burning brands. It shall not be lawful to carry, or cause to be carried, 
A 1 4 

lehted cigar any burning coal or brand, or to smoke, or carry any 

not to be carried liehted cigar or pipe in any warehouse or yard where 

where cotton is 


nyhracl cotton is stored or compressed, under such penalty as the 
mayor may impose, not exceeding fifty dollars. 


ARTICLE III. 
An Ordinance to establish a Board to investigate the origin of Fires. 


Board toinves- § 98. Be it ordained, That there shall be appointed an- 

peate origin of Tually a board for the investigation of the origin of all 
fires in the city. 

To consist of one member of each of the boards of 
aldermen and common council, the chief engineer of the 
fire department, one member of the board of fire wardens, 
to be chosen by them, and three firemen to be chosen by 
the fire companies in such manner as they may determine. 

Duties. That the said, board shall make inquiry into and in- 
vestigate the origin of all fires, which may occur, and to 
report to the mayor the result of their investigations. 

Duty of mayor. That should their investigations warrant the belief, that 
the origin of any fire was not accidental, but proceeded 
from wanton or malicious intent; or from an intent to de- 
fraud, and should individuals be designated with sufficient 
grounds for suspicion of having so caused such fire, they 
shall report to the mayor, who shall take cognizance, as 
the case may warrant. 


GAMING.—HAWKING AND PEDDLING. 115 


CHAPTER XII. 
GAMING. 
An Ordinance respecting Gaming. 


§ 99. Be it ordained, That no person shall play with Bo gemingoatsh 
cards or dice for money, or at any faro bank or gaming ee 
table, by whatever name, letter or figure the same may be 
known or called, nor at any game of chance for money or 
other valuable thing, nor bet or wager money or other 
valuable thing on the side or hands of such as do game, 
with dice or cards or any faro bank, or at any gaming 
table, under such penalty as the mayor may impose, not Penalty. 
exceeding fifty dollars. ° 

§ 100. That if any person shall keep or exhibit any No gaming 
gaming table of any name or description whatever or any bakenees a 
faro bank, or bank for gaming of any kind, by whatever 
name it may be called, or be concerned therein directly or 
indirectly, he shall be fined such sum as the mayor may Penalty. 
impose, not exceeding fifty dollars. 

§ 101. That if any person who has a license to keep a Hotel, &c.. 
bearding house, hotel or tavern, or to retail spirituous permit gaming, 
liquors, shall knowingly permit any gaming, prohibited in 
either of the two last sections, in his premises, or any 
building in his occupation, he shall be fined such sum as Penalty. 
the mayor may impose, not exceeding fifty dollars, and his 
license may be revoked. 


CHAPTER XIII? 
HAWKING AND PEDDLING. 
An Ordinance to regulate Hawking and Peddling. 


§ 102. Be it ordained, That there shall be paid for each Hawker and 
license to any hawker or peddler of any goods, wares or ones aa 
merchandise in the city, such sum per annum or otherwise 
as the corporate authorities may from time to time 


determine. 


116 


Peddling, &c., 
in the streets 
forbidden. 


Penalty. 


Proviso. 


Board of health. 
Duties. 


ORDINANCES. 


Any person hawking. or peddling any goods, wares or 
merchandise without such license, shall be fined in such 
sum as the mayor may impose, not exceeding fifty dollars. 

§ 103. That the hawking and peddling in the streets of 
the city of any meat, game, poultry, vegetables, or any 
other article usually sold, or vended, in the market, is 
prohibited, under such penalty as the mayor may impose, 
not exceeding fifty dollars; except that this does not apply 
to persons who lease stalls in the public market, after 9 
o’élock, A. M., during week days. 


GHA PDE R ix DVii 
HEALTH. 
An Ordinance to secure Public Health. 


ARTICLE I. BOARD OF HEALTH. 
«Il, DUTY OF CITIZENS. 
¢ TII. QUARANTINE. 


ARTICLE I. BOARD OF HEALTH. 


§ 104. Be it ordained, That it shall be the duty of the 
board of health in the city of Mobile, organized and ap- 
pointed, under the provisions of an Act of the legislature 
of the State of Alabama, incorporating the ‘ Mobile 
Medical Society,” passed December 21st, 1843, to prescribe 
and enforce such rules and regulations as, in their opinion, 
may conduce to the health of the city. 

To examine into any and all cases of malignant, in- 
fectious, pestilential, and epidemic diseases, which may 
originate in the city, and the cause thereof. 

To enforce such measures as they may deem necessary 
to effect the removal of, or to check the same. 

To examine into all such nuisances as may tend to affect 
or endanger the health of the city. 

And to report weekly to the mayor, aldermen and com- 
mom council of the city. 


HEALTH. 17 


§ 105. That if any person neglect or refuse to comply Persons 
neglecting or 


with the requisitions of the board of health, or shall pre- yefusing to com- 
vent any member of the board from examining the yards, PO ir vou, 
lots or out-houses of any person in which there is cause to * Pe *ne4- 
believe that nuisances exist, he shall be fined such sum as 


the mayor may impose, not exceeding fifty dollars. 


ARTICLE Il. DUTY OF CITIZENS. 


§ 106. Be it ordained, That the owner or occupant of Yaras, &e., to 
every house, yard, stable, stall, lot of ground within the ’**P*¢*™ 
inhabited parts of the city, shall keep the same clean, and 
shall not at any time suffer kitchen-stuff, oyster-shells, 
shavings, chips, dung, trash, or filthy matter of any kind, 
to remain upon his lot, grounds or property, under such Peaalty. 
penalty as the mayor may impose, not exceeding fifty 
dollars. 

§ 107. That the mayor shall be authorized to prevent Mayor may pre- 
the landing from any vessel, boat or water craft, and the of hides, poe: 
introduction in any way, within the city, of all hides, 
peltry, coffee, salt provisions, or other damaged or infected 
articles, (which in the judgment of the board of: health 
will endanger the health of the city) under such penalty Penalty. 
as the mayor may impose, not exceeding fifty dollars. 

That any such articles found in the city shall be imme- Such may be m- 
diately removed out of the city, by the person in whose mieiin 
possession such article is found, under such penalty as the 
mayor may impose, not exceeding fifty dollars. 

§ 105. That it is not lawful for any person to leave any Dead animals, 
dead animal, or carrion, or any filth, putrid or putrescent jen "°* “ ay 
matter, in any place in the city (except on the ground to 
be designated by the mayor from time to time, and there 
buried in a hole of proper depth,) under such penalty as Penalty. 
the mayor may impose, not exceeding fifty dollars. 

§ 109. That no slaughter or butcher-house or pen, shall No slaughter or 
be established or carried on in the city, under such penalty theete 
as the mayor may impose, not exceeding fifty dollars for *°"™ 
every day it shall remain. 

§ 110. That it is not lawful for any person to excavate OF Earth not to be 
dig the earth from any lot or parcel of ground in the city, “"® “* 
in such a manner as may cause water to remain therein, 


118 ORDINANCES. 


Penalty. under such penalty as the mayor may impose, not exceed- 
- ing fifty dollars. 

Trash, filth,&c.,  § 111. That the owner or occupant of every house, store, 

to be deposited 

on Tuesday, Stable, or other tenement, or any lot, yard, or enclosure, 

gatuniay ““* shall on Tuesday, Thursday, and Saturday in each week, 
between the hours of five and eight o’clock in the morning, 
collect and deposit in front of their property, and as near 
thereto as may be, in a tub, barrel or other vessel, all trash, 
filth, shells, manure, or other putrid or putrescent matter 

Penalty. that may have accumulated therein, under such penalty as 
the mayor may impose, not exceeding fifty dollars. 

Power of city § 112. That when in the opinion of the mayor, aldermen 

authorities. and common council, any lot or piece of ground in the city, 
should be filled up, cleansed or purified, 

Or when any of the sections of this article shall be vio- 
lated or disregarded, 

The mayor may, if necessary to the enforcement of this - 
article, cause its provisions to be complied with at the ex- 
pense of the delinquent. 

That if the delinquent fails to pay the amount so incur- 
red within three days after the payment by the city, he 
shall be fined such sum as the mayor may impose, not ex- 
ceeding fifty dollars, for each day that he fails or neglects 
to do so. 


ARTICLE III. QUARANTINE. 


Quarantine to § 115. Be it ordained, That there shall be established a 
"strict system of quarantine, to be enforced against all ves- 
sels arriving in the bay of Mobile, from any port or place 
where “yellow,” “malignant,”.or ‘pestilential” or ‘‘ infec- 
tious” fever, or other infectious or dangerous disease is pre- 
vailing, 

Or having any person on board suffering from such 
disease. 

That this article shall only be in force when so proclaim- 
ed from time to time by the mayor, with the advice of the 
board of health, and every proclamation shall define the 
length of time that it shall continue in force. 

Physiciantobe § 114. That the convention shall elect a quarantine phy- 
pane sician, who shall proceed at once to the execution of his 


HEALTH. 


duties. He shall receive such salary or compensation as 
the corporate authorities may from time to time determine. 

That such attendants and employees as may be required 
at the station, shall be employed and appointed by the 
mayor. 


119 


§ 115. That it shall be the duty of the physician to Duties of physi- 
clan. 


attend at the quarantine station. 

To board all vessels entering the bay or harbor of Mobile. 

To fully examine into the condition of the vessel and 
cargo, and the health of all persons therein. 

To examine as many or such persons on board under oath, 
to learn and obtain any facts that he may deem essential 
and necessary. 

To detain all vessels.coming from any infected port or 
place, or that has any case of disease described in the first 
section of this article, on board, the cargo, and every per- 
son on board, for any length of time that he may deem 
necessary or expedient. 

To direct such measures to be taken as may be necessary 
to purify the vessel, and supervise the same at the expense 
of the captain, owner or consignee of the vessel. 

To direct the discharge of any cargo, or portion thereof, 
and supervise the same, at the expense of the captain, 
owner or consignee of the vessel. 

To remove any person from any vessel who may be sick 
of any malignant or infectious fever or disease to the quar- 
antine hospital, and it shall be his duty to give his profes- 
sional services to said person. 

To sign all permits for vessels and persons to pass the 
quarantine, 

And all discharges for vessels or persons leaving the 
quarantine, without which no vessel or persons shall be 
permitted to leave or pass the quarantine station. 

And any person violating any of the quarantine regula- 
tions, he, or the owner and captain, together with the 
vessel to which he may belong, or be a passenger, shall be 
fined such sum as the mayor may impose, not exceeding 
fifty dollars. 

§ 116. That it is the duty of every person acting as a 
pilot, or revenue, or boarding officer, of the custom house, 
to deliver to the officer in charge of every vessel, coming 
into the bay of Mobile, a copy of these regulations, or so 


Daties of pilot 
&c, 


120 


Penalty. 


Persons receiv- 
ing medical at- 
tendance shall 
pay $5 per day. 


When unable, 
captain, owner 
or consignee 
shall pay. 


Not apply to 
New Orleans 
mail line. 


Duty of officers 
of y O. 


steamers, 


ORDINANCES. 


much as may be wanted for the use of the vessel, of which 
the mayor shall have a sufficient number of copies printed. 

During the existence of the quarantine, all pilots and 
other persons having charge of vessels, entering the bay of 
Mobile, shall bring such vessels to anchor at the quaran- 
tine station, and no vessel shall leave such anchorage until 
it shall have been boarded by the quarantine physician 
and shall have received permission from him to do so. 

Every pilot or other person violating this section, shall 
be fined such sum as the mayor muy impose, not exceed- 
ing fifty dollars, 

§ 117. That all persons who may receive medical treat- 
ment under this ordinance, shall pay for the use of the city, 
five dollars for each day of such treatment. 

And where the persons so treated shall be unable to pay 
the charge, the captain, owner or consignee of the vessel 
to which he may belong, shall pay the same. 

§ 118. That the provisions of this article shall not apply 
to New Orleans and Mobile mail line steamers, but it shall 
be the duty of the captain or clerk, or person having in 
charge of each one of these steamers, to furnish the quar- 
antine physician with a certificate of health of every person 
on board, each time that one of these steamers may enter 
the bay of Mobile. 

For this purpose the steamers shall be brought to anchor 
as near the quarantine station as it is practicable, and there 
remain until examined by the quarantine physician. 

If any person on board of either of these steamers be 
sick, it shall be the duty of the person having charge of such 
steamers to inform the quarantine physician of the fact. 

If on examination such person is found to be sick with 
the yellow fever, or any malignant, pestilential or infectious 
disease, he shall be conveyed to the quarantine station. 

If any person is taken sick on one of these steamers, 
after having left the quarantine station, and before arriving 
at the wharf at Mobile, it shall be the duty of the captain, 
clerk, or person having charge of the steamer, to report it 
to some member of the board of health, or to the mayor of 
the city, and it shall not be lawful for such person to leave 


- the steamer until he shall have been examined by a mem- 


ber of the board of health. 


HEALTH. 121 


If it be found that such person is suffering from an 
attack of yellow fever, or any malignant, pestilential or 
infectious disease, he shall not be landed from the steamer, 
but it shall be the duty of the person in charge of the 
steamer, to convey the patient to the quarantine hospital 
on the same day, or to convey him to New Orleans on the 
return steamer. 

The New Orleans and mail line company shall be liable 
for all fees accruing for attendance on any person carried 
from any one of their steamers to the quarantine hospital, 
where such person does not pay the same. 

Any violation or disregard of any of the provisions of 
this article shall be punished by a fine in such sum as the 
mayor may impose, not exceeding fifty dollars. 

§ 119. The word vessel wherever used in this ordinance, Meaning of 
shall extend to boats, steamers, and water crafts of every ‘“*** 
description. hi 

§ 120. That no vessel shall take on or discharge the No vessel to 
cargo of any vessel at quarantine, without a written permit charge cargo, 

ens unless, &c. 
from the quarantine physician, under such penalty as the Penaity. 
mayor may impose, not exceeding fifty dollars, on the 
owner, consignee, or person in charge. 

§ 121. That the mayor and board of health, when the Mayor ana 

- = ' board of health 
public health may require it, may order any vessel at the may remove 
wharves of the city, or in the vicinity thereof, to the quar- Meventted 
antine station, and may require all persons, articles, or 
goods, introduced into the city from such vessels, to be 
seized, returned on board, or removed to the quarantine 
station. 

If the owner, master, consignee, or person having charge Penalty. 
of such vessel, fails or neglects to obey such requirements, 
each of them shall be fined such sum as the mayor may 
impose, not exceeding fifty dollars. 

And if he cannot be found, or if he neglects and fails to 
remove the vessel, the mayor and the board of health shall 
have power to cause such removal at the expense of the 
vessel. 

This ordinance applies to vessels lying at anchor in the Extends to 

: Fi . vessels in the 
bay of Mobile and not performing quarantine. bay. 

That the harbor master and port wardens of Mobile, Duties of 
shall notify the mayor or chief of police in writing of every cee 
infraction of this article that shall come to their knowledge. Pt Ye": 


16 


ORDINANCES. 


And it shall be their duty to see that in every instance, 
_ vessels arriving at the wharves of the city shall have a 


Penalty. 


Fees of two 
cents per ton 
to be collected 
on all vessels. 


Paid to clerk. 


Port wardens 
to notify clerk 
of the arrival 

of vessels. 


Not to apply 
to N. O. 


steamers, &c. 


Station. 


Len ath of time 
to remain in. 


Duty of pilots. 


proper permit signed by the quarantine physician, giving 
him liberty to pass the quarantine station. 

Any vessel failing to have such a permit, shall not be 
allowed to remain at, or in the vicinity of, the wharf, but 
shall at once be ordered to the quarantine station, as pro- 
vided for in section 9 of this article. 

The harbor master or port wardens, failing to give 
prompt notice of any violation of this section, shall be 
fined such sum as the mayor may impose, not exceeding 
fifty dollars. 

§ 122. That two cents per “a according to the register- 
ed tonnage of each vessel, shall be established as the quar- 
antine fee for all vessels entering the port of Mobile, and 
that the master, owner, or consignee thereof is hereby 
required to pay the same to the city clerk, who shall pay 


the said fees to the city treasurer. Such tonnage fees shall 


be paid within five days after arrival of the vessel in port, 
under such penalty as the mayor may impose, not exceed- 
ing fifty dollars, for each day’s neglect or refusal to pay 
the same. 

And it shall be the duty of the port wardens to report to 
the city clerk the arrival of every vessel and the name of 
the master liable to pay these fees, and if they neglect to 
make such reports they shall be subject to such fine as the 
mayor may impose, not exceeding fifty dollars: Provided, 
That this provision shall not apply to vessels running reg- 
warly between this port and New Orleans. 

§ 123. Quarantine rules and regulations for the port of 
Mobile: 

RuLE I. The quarantine station shall be on Mobile Point, 
in the rear or north of Fort Morgan, or such other place as 
the corporate authorities may from time to time determine. 

RuLE II. The quarantine physician shall in every in- 
stance determine the length of time that a vessel shall 
remain at quarantine, and the time that all persons on 
board such vessel shall remain in quarantine. 

RuLE III. It shall be the duty of the pilots or other 
persons, bringing a vessel into the bay of Mobile, to hoist 
a flag at half-mast at the fore, until the vessel has been 
visited by the quarantine physician. 


HOSPITALS. 128 


RuLE IV. No person shall leave a vessel nor visit a Not to leave 
vessel at quarantine, without a written permit to do so, by Linas ha te 
the quarantine physician. 

RULE V. The quarantine physician shall make a monthly Monthly report 
report, on the first day of every month, to the city author- ” phiypiniane 
ities, of the number and class of vessels quarantined, 

The number of patients treated at the quarantine hos- 
pital, 

The amount of fees collected, and all other information 
connected with the station, as may be necessary and proper. 

RuLE VI. All vessels at quarantine, shall keep a flag at et $ ute 
half-mast at the main, during the day, and the lantern in vessels in f 
the same position at night. eats 

RuLE. VII. Any violation of these rules and regulations Penalty. 
shall be punished by a fine in such sum as the mayor may 


impose, not exceeding fifty dollars. 


CHAPTER XV. 
HOSPITALS, 
An Ordinance for the regulation of Hospitals. 


ARTICLE I. CITY HOSPITAL ESTABLISHED. 
“ Il. OFFICERS AND DUTIES. 
‘6 III. REGULATIONS. 
¢ 1V. RESPECTING LUNATICS. 
“; Vv. PRIVATE HOSPITALS. 


ARTICLE I. CITY HOSPITAL ESTABLISHED. 


§ 124. Be it ordained, That the buildings and premises City hospital. 
bounded on the south by St. Anthony, east by Jefferson, 
and west by Broad streets in the city of Mobile, are estab- 
lished as the “ City Hospital.” 

§ 125. That there shall annually be apiowa ted by the Hospital 
president of the board of aldermen, three members of the cen ie 
board; by the president of the common council, two mem- 
bers of the board ; who, with the mayor, shall be a com- 
mittee for the government of the city hospital. 


124 


Powers and 


ORDINANCES. 


| § 126. That this committee shall have a general superin- 


duties of 
committee. - 


When they 
apply for 
money, shall 
state the ob- 
ject. 


Physician and 
surgeon elected. 


Duty of 
physician. 


To report 
quarterly. 


Small-pox. 


tendence of the hospital, and shall prescribe such rules for 
its government, as they may deem proper, with the consent 
of the mayor, aldermen and common council. 

They shall make regular visits to the hospital, at least 
once in each week. 

They shall make monthly reports of its condition, receipts 
and expenditures, to the boards of aldermen and common 
council. . 

They shall have the exclusive privilege of admitting 
patients into the hospital. 

They shall approve all contracts made with persons 
employed therein, as students, nurses, cooks, laborers, and 
for all articles of food, raiment, medicines, and fuel neces- 
sary for the use and maintenance of the hospital. 

§ 127. That whenever the committee shall apply for money 
to be expended for the use of the hospital, they shall dis- 
tinctly set forth the object for which such money is asked, 
excepting salaries to those officers elected by the city. 


ARTICLE II OFFICERS AND DUTIES. 


§ 128. Be it ordained, That on the first Monday in March, 
18 ,and biennially thereafter, there shall be elected in 
convention, a physician and surgeon of the hospital, who 
shall give such bond and receive such salary as the corpo- 
rate authorities may from time to time determine. 

§ 129. That it shall be his duty to visit said hospital 
twice in each day, and oftener, if necessary, and to admin- 
ister to the sick therein. 

To see that the stewards, students and nurses faithfully 
perform their respective duties and promptly to report any 
dereliction therein to the hospital committee to be laid 
before the boards, of aldermen and common council, who 
may take such action as they deem necessary. 

To report quarterly to the mayor, aldermen and common 
council the number, situation and condition of the patients 
in the hospital, together with such other information as 
may be deemed necessary or important. When a case or 
cases of small-pox shall be presented for treatment, he 
shall attend such patient at the pest-house, provided by 


HOSPITALS. 125 


the city for the treatment of such diseases. For which 
services he shall receive such remuneration as may be 
deemed proper by the city authorities. 

§ 130. That the hospital physician shall appoint, with Two students 
the approval of the hospital committee, two students of °°???" 
medicine, who shall board and ledge in the hospital, and 
give bond in the sum of five hundred dollars, whose duty 
it shall be, | 

To act as, and perform the duties of, apothecary. 

To prepare and administer all prescriptions of the physi- 
cian and surgeon, 

And to perform such other duties as may be prescribed 
for them by the physician and surgeon, for the comfort 
and well-being of the patients. 

No student shall be appointed for a longer or shorter 
term than one year, 

But he is eligible for re-appointment. 

§ 131. That at the same time that the physician is elected, stewara 
there shall be elected by the convention, a “steward” of °° 
the hospital, who shall give bond in the sum of 
dollars, and receive a salary of dollars, and shall 
board and lodge in the hospital. He shall also have the 
privilege to board and lodge his wife and minor children 
in the hospital. ) 

§ 132. It is his duty to superintend the duties of the Dutics, 
nurses, cooks, servants and laborers; to see that the direc- 
tions of the physician and surgeon are faithfully and pro- 
perly executed; and to attend to such other duties as the 
physician may prescribe to him. 

He shall enter in a bound book to be kept by him for 
that purpose, the names of the patients admitted into the 
hospital, their age, place of birth, occupation, date of 
admission, their disease, and the date of their discharge, 
or death: which book shall at all times be subject to the 
inspection of the mayor, or any of the aldermen or common 
council; and shall remain in the hospital as a book of 
record and reference. 

He shall enter in a book kept for that purpose, an in- 
ventory of all articles of furniture, bedding, clothing, 
utensils and all other property belonging to, or purchased 
for, the hospital, which book shall be examined quarterly 
by the hospital committee. 


126 ORDINANCES. 


All articles reported as worn out or useless, must be 
inspected by the committee before they are condemned or 
destroyed. 

He shall collect all amounts due to the hospital by pay- 
ing patients, and pay the same over to the city treasurer, 
accompanying the payment with a report of the names of 
such patients, the number of days of treatment, &e. 

He shall enter in a book kept for that purpose, the name 
of every pauper patient and the date of his entry in the 
hospital. 

He shall keep a correct account ofall moneys, clothing 
and effects, that any patient may have in his possession 
when admitted into the hospital, and enter them in a book 
kept for that purpose, subject to the inspection of the mayor 
or any of the aldermen or common council, and in case of 
the death of such patient, the money, effects, &c., shall be 
disposed of according to law, under the direction of the 
hospital committee. 

He shall furnish such articles of bedding, clothing, food, 
medicines, furniture and cooking utensils, on a requisition 
made by the mayor or chairman of the hospital committee, 
as may be needed for the comfort, necessities and well-being 
of the patients, that may be sent to the pest-house. 

He shall also secure the services of such nurses and ser- 
vants aS may be needed, and make such contracts with 
them as may be approved by the mayor or chairman of the 
hospital committee. 


ARTICLE III. REGULATIONS. 


Paupers § 133. Be it ordained, That all pauper applicants for ad- 

applying: mission into the hospital, shall present to the steward a 
permit signed by the mayor or any one of the hospital 
committee. 

Paying patients Paying patients shall present a like permit, stating who 

applying: will be responsible for fees incurred. 

These permits shall be regularly filed and remain on 

record. 

Paying patients § 134. That all paying patients shall be charged two 
dolJars for each day that they remain inmates of the hos- 
pital. 


HOSPITALS. 127 


§ 1385. That when private or paying patients may be sent Pest-house 
to the pest-house, such patient shall be charged five dollars ait 
for each day that he may be under treatment at that place. 

That in case of private or paying patients being sent to 
the pest-house, the surgeon or steward of the city hospital 
shall, before receiving the patient, require of the applicant 
a receipt from the city treasurer, showing that the sum of 
one hundred dollars has been deposited in the city treas- 
ury, to secure the payment of such charges as are above 
required. 


ARTICLE IV. RESPECTING PAUPER LUNATICS. 


§ 136. That whenever any inhabitant of said city shall Respecting 
be declared a lunatic, in accordance with the provisions of lunatics. 
chapter 12, title 2, part 3, of the code of Alabama, and no 
guardian shall have been appointed, and such person is 
permitted to run at large, it shall be the duty of the mayor 
or acting mayor, upon the complaint of any person, under 
oath, that such lunatic is disorderly, or dangerous, or a 
nuisance, to cause such alleged lunatic to be brought before 
him, and to make an investigation of the facts; and if it May be 
be found that such person has been so declared a lunatic, city hospital 
and is disorderly, or dangerous, or a nuisance, and has no 
visible means of support, and that there is no person liable 
for such support, within the meaning of section 1212 of the 
code of Alabama, to cause such person to be removed to 
the City Hospital, there to remain for care and safe-keep- 
ing, and for such treatment as may be deemed necessary 
and proper by the hospital physician, until removed to an 
asylum for the insane, or until declared to be restored to 
sanity, as provided in chapter 12, title 2, part 3, of the 
code of Alabama. 


ARTICLE V. PRIVATE HOSPITALS. 


§ 137. Be it ordained, That it shall not be lawful for any yow estab. 
person to establish or have in use or operation in the city, wigs 
any hospital or infirmary for the cure of diseases, unless 
they shall have obtained the consent in writing of a major- 
ity of the citizens living on the squares immediately adjoin- 


128 


Penalty. 


Mayor and 
committee to 
have access at 
all times. 


To be licensed 
for one year 
to retail spirit- 
uous or vinous 
liquors. 


Amount of 
license to be 
fixed by the 
eity. — 


License te sell 
in theatre for 
six months. 


Not to sell 
more than a 
quart to be 
drank on the 
premises. 


Not to sell 
adulterated 
drink. 


All public 
houses te have 
license. 


ORDINANCES. 


ing, and the square on which such hospital or infirmary is 
proposed to be kept or established, and the consent of the 
mayor, and boards of aldermen and common council and 
the recommendation of the board of health, under penalty 
of fifty dollars, and twenty-five dollars for each day it is 
continued. 

That the mayor and the hospital committee shall have 
free access at any and all times to such hospitals or infirm- 
aries. 


OPA PLE baes ve ks 
HOUSES—PUBLIC. 
An Ordinance to regulate and license Inns, Public Houses, &e. 


§ 138. Be it ordained, That no person shall retail or sell 
in quantities less than one quart at one time, any spirit- 
uous or vinous liquors in the city, unless a license shall 
have been granted by the mayor, to do so for one year, 
setting forth the location of the house or place in the city, 
and the name of the person to whom such license shall 
issue. For any other place or person it shall be of no 
validity. 

That such sum shall be paid to the city treasurer for 
license to retail, as the corporate authorities may from time 
to time determine. 

That a license may issue to retail in the saloons of the 
Mobile theatre for the term of six months, on payment of 
such sum as the corporate authorities may from time to 
time determine. 

That no person shall sell any vinous or spirituous 
liquors, in quantities larger than a quart, if the same be 
drank on the premises of the seller. - 

That no person shall sell any unwholesome or adulter- 
ated drink, vinous or spirituous liquors. 

§ 139. That no person shall keep a tavern, boarding 
house, coffee house, restaurant, eating house, or any other 
house of entertainment unless he shall have a license 
therefor; the amount of such license to be fixed from time 
to time by the corporate authorities. 


INSPECTION. 12 


§ 140. That it shall be the duty of every person. having Keeper to 


conduct him- 


a license and earrying on business under it, to conduct self orderly and 
himself, and to see that those he may exitbetian shall con- Bxgvent ts 
duct themselves in an orderly manner on his premises, and 
to prevent all persons who may be there after ten o’clock 
at night, from disturbing by cries, noise, songs, or other- 
wise, the peace or tranquility of any of the neighbors. 

That he shall not permit any disorderly conduct nor 
riotous conduct on his premises. Any person violating Penalty. 
the provisions of this chapter, shall be fined such sum, for 
each day that such violation shall continue, as the mayor 
may impose, not exceeding fifty dollars, and the mayor 
may annul and revoke the license of such person, if in his 
judgment it should be done. 


CHAPTER XVII. 


INSPECTION. 


An Ordinance to provide for the Inspection of Hay, Lumber, Wood, 
Work, and Weights and Measures, &c. 


ARTICLE I. INSPECTION OF HAY. 

II. os ‘¢ LUMBER. 
cele Fae ¥ «“ FIREWOOD. 
Iv. CITY GAUGER. 

Vv. INSPECTION OF STAVES. 


rf vi. ee “ GAS METRES. 
say Gk CIT, &s ‘¢ WRIGHTS AND MEASURES, 
AYLI v “ STANDARD WEIGHTS OF GRAIN, &. 


IX. MASTER MECHANICS. 
X. INSPECTION OF FLOUR. 


ARTICLE I. 


An Ordinance to provide for the Inspection of Hay. 


§ 141. Be it ordained, That there shall be elected an- Tnspector 
nually in convention an inspector of hay, fodder, shucks ° rppcea 
and other forage packed in bales, who shall give such bond 
and receive such fees as may from time to time be de- 
termined by the corporate authorities. 

17 


130 


Shall weigh 
hay, fodder 
and shucks. 


Penalty 


Shall enter 
weights in a 
book, and give 
a certificate. 


Shall make 
fair deduction. 


Shall mark net 
weight. 


Inspector to 
require seller 
to produce a 
business license 


Penalty. 


Inspector 
elected. 


Duties. 


ORDINANCES. 


_ § 142. That every bale of hay, fodder, shucks, or other 
forage packed in bales, brought to the city for sale, shall 
be first weighed by the inspector, and the owner or con- 
signee thereof, shall pay to said inspector the fees allowed 
by law, under such penalty as the mayor may impose, not 
exceeding fifty dollars. 

§ 143. It shall be the duty of the inspector to keep a 
book, in which he shall enter the weight of every bale 
weighed by him, and he shall give a certificate of the 
weight of each bale, for whom weighed, the marks, and 
the date when weighed. 

He shall make a fair deduction from the gross weight of 
every bale weighed by him, for the wood and bandages 
used in putting up or securing the bales, and shall mark 
only the net weight on each bale, which shall be done with 
good black ink or paint. 

Before weighing any hay, fodder, shucks, or other for- 
age, in bales, brought to the city for sale from another 
State, it shall be the duty of the inspector to ascertain 
whether the owner or consignee thereof, has obtained a 
business license for selling such merchandise, and he shall 
not weigh any of such provender until the proper license 
is exhibited to him. 

Any inspector who fails, neglects or refuses to comply 
with the provisions of this section, shall be fined in such 
sum as the mayor may impose, not exceeding fifty dollars. 


ARTICLE II. 
An Ordinance to provide for the Inspection of Lumber. 


§ 144. Be it ordained, That there shall be elected annual- 
ly in convention, an inspector of lumber, who shall give 
bond in such sum and receive such fees as may from time 
to time be determined by the corporate authorities. 

§ 145. That he shall perform the same duties in the city, 
and be subject to the same penalties as the inspectors of 
lumber are liable to, under the statutes of Alabama. 


INSPECTION, 1] 


ARTICLE ITI. 
An Ordinance to provide for the Inspection of Fire Wood. 


§ 146. Be it ordained, That there shall be elected an- Inspector of 
nually by the convention, two inspectors of wood, one for “°° 
the division north, and the other for the division south of 
Dauphin street, who shall give such bond and receive such 
fees as the corporate authorities may from time to time 
determine. 

§ 147. That all fire wood brought into the city, or ex- Ail fire wood 
posed for sale, shall, before it is sold, be inspected and inapected 
measured by the inspector, or his deputy. 

That the said fire wood shall be full four feet in length, Dimensions. 
and a cord shall be four feet four inches high, and eight 
feet long—in cording, it shall be piled in a neat and com- 
pact manner. 

That all unsound and short wood shall be rejected, all unsound ana 
large and straight wood shall be placed at the bottom, and "9°" 
all small and crooked wood at the top of the pile. 

All deficiencies in measure, caused by crooked wood, Deficiencies, 
shall be supplied, under the direction of the inspector. Se 

That all short and unsound wood shall be forfeited to the Unsound and 
use of the city hospital, and shall be sent by the inspector forfeited to 
immediately upon such forfeiture, to the city hospital, and heeetalie 
he shall inform the steward thereof on the same day. 

§ 148. The inspector shall cause all drays and carts that Drays and 
may be employed in carrying wood, to be provided with Rate 
side stakes or other fixtures; on which shall be marked 
‘one-third of a cord of wood,” and no cart or dray drawn No more than 
by one horse shall be permitted to carry more than one- agers a 
third of a cord of wood at a load. a 

§ 149. That it shall be the duty of all persons selling 
wood in the city, to cause posts to be set up to contain be- 
tween them one-third of a cord of wood, one-half, and one 
cord, under the direction of the inspector. 

And the posts shall be so marked that any person may 
see the quantity of wood purchased by him. 

§ 150. That each inspector shall keep an office where he snan keep 
may be found, and at which orders may be left. Orie: 

He shall keep an accurate account of all the wood in- ghan keep 
- spected and measured, and the forfeitures that may accrue, *°°°"** 


ORDINANCES. 


Shall not deal 
in wood. 


Pees. 


Shall mark. 


require seller 
to produce 
business license 


Penalty. 


City gauger 
elected 
Bond. 


Duties. 


Not to apply to 
liquids owned 
elsewhere and 
in transitu. 


and report the same to the mayor, aldermen and common 
council on the first day of January, April, July, and October. 

He shall not deal in fire wood, nor purchase it, nor shall 
any person deal with or sell to him, except for his domestic 
use. 

He shall receive such fees for the inspection and meas- 
uring of wood, as the corporate authorities may from time 
to time determine, which shall be paid by the seller. 

He shall mark conspicuously on the end of a stick on 
each parcel or pile of wood the quantity each parcel or pile 
contains, and the date of the inspection. 

It shall be his duty, before inspecting any wood brought 
to the city for sale, by boat or otherwise, to ascertain 
whether or not the captain or owner of the boat, or the 
owner or proprietor of any wood yard, has obtained the 
proper license for such business. 

He shall not inspect any wood until the proper licenses 
are exhibited to him. | 

Any failure or refusal by any inspector to strictly carry 
out any of the provisions of this ordinance, shall be fined 
in such sum as the mayor may impose, not exceeding fifty 
dollars. 


ARTICLE IV. GAUGER—CITY. 
An Ordinance to create a City Gauger. 


§ 151. Be tt ordained, That there shall be elected annually 
in convention a city gauger, who shall give such bond and 
receive such fees as the corporate authorities may from 
time to time determine. 

It shall be his duty to gauge and prove all liquids im- 
ported into the city for sale, or brought into the city to be 
sold here, and afterwards sent elsewhere; or marked and 
shipped for Mobile as its destination; or owned and stored 
in the city; or held as agent, on commission or otherwise: 
Provided, This section does not apply to liquids landed 
here, and owned elsewhere, in transitu through this city. 

That he shall brand his name upon each cask, barrel or 
package inspected by him, with the contents of each. And 
of spirituous liquors the proof of the same, of which he 
shali keep a record, open to inspection, and grant certifi- 


INSPECTION. 135 


cates when required: Provided, That this ordinance shall 
not be held to apply to lager beer, ale or porter. 

That all persons receiving liquids required by this ordi- Persons shall 
nance to be inspected, shall report the same to the eity ?""*"°""" 
gauger, at the place designated by him as his office, under 
such penalty as the mayor may impose, not exceeding fifty 
dollars. 

It shall be his duty, before gauging or inspecting any Shall require 
liquids, to ascertain whether or not the owner, agent or Shea bisa 
consignee has obtained the proper business license. Aa 

He shall not inspect or gauge any liquids until the proper Penalty. 
business license is exhibited to him, and for failure or 
refusal by any gauger or inspector to comply with the pro- 
visions of this section, he shall be fined in such sum as the 
mayor may impose, not exceeding fifty dollars. 


ooo 


ARTICLE VY. 
An Ordinance to provide for the Inspection of Staves. 


§ 152. Be it ordained, That there shall be elected an- mspector of 
nually in convention an inspector of staves, who shall give see 
such bond and receive such fees as may be determined 
from time to time by the corporate authorities. 

That all staves brought into the city for sale shall, before He shall inspect 
they are sold, be inspected and measured by the inspector, prouahs to the 
or under his direction, after they are landed. eS eh 

That merchantable staves shall be made of good white Quality of 
oak, not less than one inch thick, four inches wide, and of ieee 
the following lengths: barrel, thirty-six inches; hogshead, Description 
forty-six inches, and pipe, fifty-eight inches, and that they ene 
shall be rejected as unmerchantable, and classed as cullings, 
unless of the quality and description set forth in this 
section; they shall be piled in a neat and compact manner, 
and the fees for inspection shall be paid by the seller, and Fees. 

a certificate of such inspection shall be furnished if 
required. | 

It shall be the duty of the inspector to keep a book, in mspector to 
which he shall enter the number of staves inspected, for peel hi ny 
whom inspected, and the date of such inspection. ibiheg a 


Lod r ORDINANCES. 


Persons shall § 153. That all persons receiving staves required by this 

report to hime ordinance to be inspected, shall report the same to the city 
inspector, at the place designated by him as his office, 
under such penalty as shall be imposed by the mayor, not 
exceeding fifty dollars. 


ARTICLE VI. 


On Ordinance providing for the election and defining the duties of 
Inspector of Gas Metres. 


Inspector of § 154. Be it ordained, That as soon as practicable after 
gas meres to the passage of this ordinance, there shall be elected in 


convention, an inspector of gas metres, who shall act as 
such for the balance of this municipal year, and shall again 
be elected in December, 1866, and annually thereafter by 

Rnd: said convention. He shall receive such compensation and 
give such bond as the corporate authorities may from time 
to time determine. 

His duties. § 155. It shall be his duty to examine once in each year, 
and oftener if required by any gaS consumer, every gas 
metre in the city, whereby gas is consumed, whether the 
same be used in a public or private building, and to see 
that the same justly, correctly, and uniformly indicates the 
quantity of gas consumed; if he finds any gas metre work- 
ing improperly, so as not to indicate the actual quantity 
being consumed, he shall adjust and correct, or repair the 
same at the expense of the party gaining by the irregu- 

Penaltyfor larity; and if he shall, on examination of any gas metre, 

causing false find that the same has been set or disarranged for the 

gas metre. purpose of making a false indication of gas consumed, he 
shall report the same to the mayor, who, on examination of 
the charge, shall adjudge any one guilty of the offence, 
shall impose such fine as the nature of the case may war- 
rant, and the metre shall be corrected at the expense of 
the guilty party. 

Noonemust  1t Shall not be lawful for any one to hinder, prevent, or 

tor in discharge Pesist the inspector of gas metres in the performance of any 

of his duties. duties required in this ordinance; or to refuse him entrance 
into any building at a seasonable hour, to inspect, repair, 

Penalty. or adjust any metre, under such penalty as the mayor may 
impose, not exceeding fifty dollars. 


INSPECTION. 135 


If any proprietor, clerk or agent of any gas company, Or Shall not make 
out false bill. 
any proprietor, clerk or agent of any gas works, shall 
knowingly demand and receive any false or incorrect bill 
for ges; or if any proprietor, or managing agent, or clerk Penalty. 
of any gas company or gas works, shall knowingly make 
out, or cause to be made out for demand, any false or in- 
correct bill for gas, he or they shall be fined in such sum 
as the mayor shall impose, not exceeding fifty dollars. 
§ 156. It shal! be the duty of the inspector of gas metres, erat Ss 
nish gas of infe- 
in case of complaint made that the gas company is furnish- rior quality. 
ing gas of inferior quality, to examine into the cause of 
complaint, and if it be found that the gas is of inferior 
quality, he shall report the fact to the mayor, who shall 
immediately notify the gas company, requiring them to 
furnish good gas, and the company shall make a reasonable 
and proper deduction from the price of the gas used during 
the time of the existence of such inferiority, such deduc- 
tion to be made by order of the mayor upon the report of 
the inspector, and if said owner or proprietor refuse to Penalty. 
obey the order of the mayor, he shall be subject to a fine 
not exceeding fifty dollars. 
That no gas company shall ever be allowed to make out Average bills 
-average bills, but all bills shall be based upon the actual pag ae 
amount consumed. 
Nor shall any gas company refuse to supply gas to any Must not refuse 
to supply gas. 
occupant of a building, because a previous tenant of a 
building may not have paid his gas bill. 
And said inspector shall perform such other and addi- Must perform 


tional duties as may from time to time be sedi ahi of him quired. 
by the corporate authorities. 


ARTICLE VII. 
An Ordinance to provide for the Inspection of Weights and Measures. 


§ 157. Be it ordained, That there shall be annually iad Se 
elected in convention, an inspector of weights and measures, 
who shall give bond in such sum and receive such fees as 
the corporate authorities may from time to time determine. 

§ 158. It is his duty, as soon after his election as is prac- Duties. 
ticable, to call on every person in the city who may have 


136 ORDINANCES. 

PD GL NNT a SERN RER TL a Oh Map eB Or IR Cea 
seales or weights or measures of any description, to be 
used in the purchase or sale of goods or merchandise in 
the city. 

He shall inspect them by the city standard of weights 
and measures, and if found to be correct and stamped by 
any former inspector, to give a certificate for the same, for 
which he shall receive one dollar from the owner. 

That if he find the beams or patent balances or scales 
of any description, or weights or measures, or any portion. 
of the same used by any person for the purchase or sale of 
eoods or merchandise, to be incorrect, by the city standard, 
he shall correct them at the expense of the owner, and he 
shall brand the dry measures with the letters M.S., (mean- 
ing Mobile standard,) and stamp the wet measures with 
the same letters, in such manner that the said brand or 
stamp cannot be obliterated. All yard sticks or devices of 
any kind used for measuring goods, shall also be branded 
in like manner. He shall also brand or stamp all beams, 
balances, or scales, used in the sale of goods and wares or 
other commodities. . 

No personmusts Any person using any beams, balances, scales, or weights 

use scales, ‘ 

weightsor and measures, for the sale of any merchandise or other 

eae commodity, without first having the same inspected, brand- 

shee" ed or stamped by the inspector, shall be fined such sum as 

Renalty. ‘the mayor may impose, not exceeding fifty dollars; and the 
proximity of all beams, scales, balances, weights and meas- 
ures to goods, wares, or other articles exposed for sale, 
shall be evidence of their use. 

Use of spring That no person shall be permitted to use for the sale of 

balances pro- ° ; 

‘ihited: any goods, wares, meats in the public markets, or other 
commodities, the scales commonly called “spring balances,” 
under such penalty as the mayor may impose, not exceed- 
ing fifty dollars. 

Standard to § 159. The standard of weights and measures to be used 


conform to 


standard of the in this city, shall conform to the standard prescribed by 
orthisState the laws of the United States, or the State of Alabama. 


Inspectionto  § 160, That he shall twice in each year, once in each six 


be made once 


i anne months, make an inspection of all balances, beams, scales, 


econ weights and measures, and receive the like fees for each 
inspection. 

Weights and Upon any information being lodged with him that any 

measures ma : 


be seized and person has sold by weight or measure any commodity 
orireltea. 


INSPECTION. 137 


which has proved to be of short weight or measure, he 
shall inspect the balances, beam, scale, weight, and meas- 
ures of the person informed against, and if any of them 
are found to be incorrect they shall be seized and forfeited 
to the city. 

That he shall report to the mayor, aldermen and common Penalty. 
council all balances, beams, scales, and weights and meas- 
ures liable to seizure, and ‘forfeited to the city, and all 
persons liable to penalties by this article. 

That it shall be the duty of all persons engaged in the puaty of an 
sale of goods, wares, or other commodities, to have their sigpeaeateatts 
scales, beams, balances, weights and measures properly aes ae 
inspected before using the same. 

§ 161. That if any person shall refuse to produce his Any person 


refusing to 


balances, beams, scales, and weights and measures, to be present his 
inspected, or shall prevent the inspector from discharging *°* &* 
his duty, or shall have sold or knowingly bought any mer- 

chandise by any imperfect. balance, beam, scale or weight 

or measure, he shall be fined such sum as the mayor may penalty. 
impose, not exceeding fifty dollars. 

That for the violation of any of the provisions of this tspector may 
ordinance, or for the improper or negligent performance atrenectetee 
of any of the duties herein prescribed, by the inspector, ee 5 
shall subject the inspector to such fine as the mayor may _ 


impose, not exceeding fifty dollars. 


ARTICLE VIII. 


An Ordinance to establish Standard Weights of Corn, Grains and other 
Commodities. 


§ 162. Be tt ordained, That the following grains and other standara 
commodities, when sold as merchantable in the city of Mavi” 
Mobile, shall be sold at the following number of pounds °™™"°"%* 
(avoirdupois) to the bushel : 


The standard weight of corn in the ear, per 


bushel, shall be - - “th ts - - 70 pounds. 
Shelled corn, per bushel, — - . - - 56 As 
Oats, a 6 66 ‘s 4 a 2c tabi BS 66 
Wheat and beans, per bushel, - - - 60 “ 
Rye, per bushel, - : - : - - 56 sf 


Sweet and Irish potatoes, per bushel, 60 ff 


18 


138 ORDINANCES. 


Flax seed, per bushel, - - - : - 56 pounds. 
Barley, Rs Mie : . . F 48 és 
Bran, ef é . z Z . 20 &c 
Onions, a 66 é : F a 57 rT 
Dried peaches, per aes: + ee sh jee. BE - 
Dried apples, “ $f say i - - - 24 + 
Salt, 6c 66 . . = - 50 14 
Castor Beane: ae OA tee - - : 46 Ae 


Purchaser may Any person offering any of the above described articles 
thant to weigh, OF Commodities for sale, who shall refuse to have the same 
weighed, or who shall refuse to give the number of pounds 
per bushel, described in this article, or who shall sell any 
of said articles without giving the foregoing established 
Penalty. weights, shall be fined in such sum as the mayor may im- 


pose, not exceeding fifty dollars, for each and every offence. 


oe 


ARTICLE IX. 
An Ordinance to provide for Inspection of Work done on Buildings. 


Rote misior § 163. Be it ordained, That there shall be annually 

mechanics t0 elected in convention four master mechanics who shall be 
called “the Committee of Mechanics of the City of 
Mobile.” 

a hatine. § 164. When any difference shall arise between persons 
interested in any work done to or on any building within 
the city of Mobile, concerning the said work, the said 
difference shall be at the suggestion of either of the parties 
interested—referred to the said committee of master me- 
chanics, in manner and form hereinafter provided. 

Persons § 165. That any person or persons wishing to avail him- 

ree to give Self or themselves of the privilege of this ordinance, shall 

ae give notice in writing to said committee, that a difference 
has arisen between himself or themselves and other or 
others, touching the quantity of work done or the quality 
thereof, as the case may be, on any building or buildings, 

Dutyofcom- describing the same; whereupon it shall be the duty of 

notice. the said committee, or a majority of them, to give private 
notice in writing, to all parties interested, if the same be 
practicable; and if not practicable, public notice in some 
newspaper printed in the city of Mobile, that they intend, 


INSPECTION. 139 


at a certain time and place, to be mentioned in said notice, 

the time being not less than two, nor more than ten days, 

from the service or appearance of the said notice, to pro- 

ceed to measure the quantity, or estimate the quality as 

the case may be, of such work ; and at the same time and Shall measure 
place so appointed, the said Paoitantetees or a majority are 
thereof, shall proceed to measure and estimate as afore- 

said; and shall thereupon give to the party at whose 

instance the same was done, and to such others as may 

require it, a certificate, setting forth their doings in the 
premises; and the said certificate, under the proper hands Certificate 
and seals of the said committee, or a majority of them, eviience. 
shall be held and deemed in any court in this State, 

evidence as to the quantity or quality of work in question; 

and also to any notice required by this ordinance: Pro- Party 
vided, That nothing contained in this ordinance shall pre- Seca alla 
vent any person or persons who may feel him or them- 

selves aggrieved by any such survey, from the right of 

appeal. 

§ 166. That with regard to the quality of any work done Work not well 
as aforesaid, the said committee shall, when it shall seem ee a 
to them or a majority of them, that the same has not been 
done in a workmanlike manner, barely certify the per 
centage that shall be deducted in consequence thereof. 

§ 167. That any vacancy or vacancies which may occur Vacancies, 
by death, resignation, absence or removal, shall be supplied "°” — 
by the mayor, aldermen and common council aforesaid, 
and that a continued absence from the city of Mobile sixty sixty days 
days, shall forfeit membership, which absence shall be star SO 
certified to the clerk of the city of Mobile. 

§ 168. That the said committee shall be entitled to re- Fees. 
ceive the following rate of per centage as a compensation 
for their services, viz: 

For measuring and estimating all sums of five 


Of twenty “ Sune -efifteenw, 
And all sums over twenty thousand " - 


hundred dollars, and under, - - : 5 per ct. 
Of one thousand and over five hundred - ih hs.48 
Of five i “ one thousand - = Midlety +. $F 
Of ten ‘“ “five “6 ‘ Be 66 
Of fifteen “ “6 666 ten 66 . Eos Gh: $6 
é 
$ 


140 


How suit 
brought. 


Oath before 
entering on 
duties. 


Inspector of 
flour may be 
elected. 


Bond. 


Duties. 


Weight of 
barrels and 
sacks, 


3rands. 


Shall not be 
interested in 
sales of flour 


only for private 


use. 


ORDINANCES. 


Which compensation the said parties in the said work 
shall pay share and share alike. 

§ 169. That all suits brought by the said committee for 
the recovery ‘of fees, shall be in the name of the com- 
mittee of mechanics of the city of Mobile. 

§ 170. That every member of the said committee shall, 
before he enters upon the discharge of the duties of his 
office, take and subscribe an oath faithfully and impartially 
to discharge the duties of his office, so long as he may 
continue therein; which oath shall be filed in the office of 
the clerk of the city of Mobile. 


ARTICLE X. INSPECTOR OF FLOUR. 


An Ordinauce creating the office of Inspector of Flour. 


§ 171. Be tt ordained, That the flour inspector, elected on 
the 28th day of December, 1865, shall serve for the term 
of three years, ending the 1st day of January, 1869, and 
shall be elected in convention at the municipal election for 
officers, every three years thereafter. He shall give such 
bond and receive such fees as may from time to time be 
determined by the corporate authorities. 

It shall be his duty to inspect, classify and weigh each 
barrel or half barrel of flour, brought into the city for sale ; 
if in sacks or bags, he must inspect, weigh and class, and 
mark on each barrel or half barrel, sack or bag, its weight, 
quality and class. 

Each barrel of flour shall contain one hundred and 
ninety-six pounds of flour, English weight; and each 
half barrel, or sack intended to represent a half barrel 
of flour, shall contain ninety-eight pounds of flour, net 
weight; and if intended for the first quality, shall be brand- 
ed ‘‘extra;” if intended for the second quality, shall be 
branded ‘extra superfine ;” and if intended for the third 
quality, shall be branded “superfine ;” all of which brands 
shall be accompanied with the initials of the inspector, with 
the words ‘City of Mobile” added: which shall entitle the 
flour to be sold as bearing the quality thereon described. 

§ 172. No inspector shall be directly or indirectly inter- 
ested in the purchase or sale of flour, other than for his 
own private use for the consumption of his family, under 
penalty of dismissal from ‘office. 


~ 


INSPECTION. 141 


§ 173. All persons receiving flour for sale, shall report the setter must 
same to the inspector, at the place designated by him as his er deanta th 
office, for inspection, as soon as the said flour is received in P°°" 
the city of Mobile, and before it is offered for sale; and 
for failure or refusal to report the flour as provided in 
this section, shall be fined in such sum as the mayor may 
impose, not exceeding fifty dollars, and it shall be the duty 
of the inspector to promptly inspect all flour when receiv- 
ing notice. 

§ 174. That for the inspection of flour, the inspector shall Inspector must 


bore into and 


‘provide himself with a half-inch barrel auger, with which examine each 
each barrel, half barrel, or sack of flour, shall be bored into, marie 

_ so as to satisfy himself of the quality of the flour. If he Penalty for 
shall brand any barrel, half barrel or sack, without boring ape Satna 
into it and examining its quality; or if any barrel, half "°” 
barrel, or sack, shall turn out to be inferior in quality to 

the brand he places upon it, he shall be subject to such fine 

as the mayor may impose, not exceeding fifty dollars, and 

moreover he and his securities on his official bond, shall be 

liable to an action for damages to the party injured.. 

§ 175. And if the owner of any flour shall offer the same Penalty for 
for sale, after it has been inspected and condemned, either ouneal: aoe 
as unfit for use or containing a mixture of Indian meal, or 
any other mixture, without making known to the purchaser 
its true condition, he or they shall be fined in such sum as 
the mayor may impose, not exceeding fifty dollars. 

If any person shall alter or erase any brand or mark of No one shall 
the inspector, he shall be fined in such sum as the mayor brand. me 
may impose, not exceeding fifty dollars. | 

It shall be the duty of the inspector, before inspecting Must require 
any flour, to require the owner or consignee thereof to rice bisuieas 
exhibit his business license, authorizing him to carry on "°"** 
business in the city of Mobile; and for any failure of the 
inspector to cpmply with the provisions of this section, he 
shall be fined such sum as the mayor may impose, not 
exceeding fifty dollars, 


Jurors failing 
to attend 
fined $10. 


To be fenced. 


Cleansed when 
directed. 


Penalty. 


Where owner 
is unknown. 


ORDINANCES. 


CHAPTER XVIII. 
JURORS. 
An Ordinance to punish Defaulting Jurors. 


§ 176. Be it ordained, That every person summoned by 
the authority of the mayor, aldermen or common council, 
to attend as a juror for any purpose authorized by the laws 
and ordinances of the city, who shall fail to attend within 
the time and at the place specified in the summons, shall 
be fined ten dollars. ‘ 


CHAPTER XIX. 
VACANT LOTS. 
An Ordinance respecting Vacant Lots. 


§ 177. Be wt ordained, That all persons owning or pos- 
sessing lots that are vacant in the city, shall fence them 
with a good and substantial rail or board fence, and shall 
cleanse and clear them off whenever so directed by the city 
authorities, of which ten days’ notice shall be given in time 
of health, under penalty of five dollars, and five dollars 
for every day the neglect or refusal continues: Provided, 
That the mayor shall be authorized to have any lot enclosed, 
whenever in his judgment it shall become a nuisance. 

§ 178. That where no owner, possessor or agent can be 
found, the same proceedings shall be had as are provided in 
the ordinance relating to making and repairing side-walks. 


MARKETS. 143 


CHAPTER XX. 
MARKKTS. 
An Ordinance to establish and regulate Markets. 


ARTICLE I. MARKET ESTABLISHED. 
Tl. RENTING AND ALLOTMENT OF STALLS. 
“III. ELECTION OF, AND DUTIES OF CLERK OF THE MARKET. 
IV. REGULATIONS, 


ARTICLE I MARKET ESTABLISHED. 
An Ordinance to establish Markets. 


§ 179. Be it ordained, That the three market buildings Established. 
erected in the city are established as public markets. 

That located on the square bounded by Royal, Church, southern 
Water, and Government streets, shall be called the ™™** 
‘Southern Market.” 

That located at the intersection of Dauphin street, Dauphin street 
Spring Hill Road, and Wilkinson street, shall be called ae 
‘“ Dauphin street Market.” 

That located at the intersection of Spring Hill and Ann street 
Three Mile Creek Road, shall be called the ‘‘ Ann street assets 
Market.” 


ARTICLE II. RENTING AND ALLOTMENT OF STALLS. 


An Ordinance to provide for the Renting and Allotment of Stalls in the 
Markets. 


§ 180. Be it ordained, That on or before the first Monday minimum to 
in October in every year, the mayor and the joint market popiiied, 
committee shall fix the minimum price of the stalls and 
stands in the market, and when made, the mayor shall 
publish it in the official newspaper of the city. 

That on the first Monday in November in every year, 1st Monday in 
the stalls and stands in the market shall be rented for one sthlles Ae to 
year, at public auction, to the highest bidder, for cash, un- °° ""** 
der the direction of the mayor and joint market committee, 


144 


Treasurer to 
give receipt. 


Two stalls to 
be set apart as 
public stalls. 


Fish market. 


Portions to be 
allotted for 
meat, vegeta- 
bles, fish and 
country pro- 
duce. 


Not to be let, 


nor to be occu- 
pied by others. 


But may sell 
out, provided. 


No person shali 


enter into any 


combination to persons, 


prevent fair 
sale of stalls. 


Penalty. 


ORDINANCES. 


and no bid under the minimum price shall be received; 
and any stall or stand not rented at auction, may be rented 
by the joint market committee in such manner and on 
such terms as they may deem expedient. 

The city treasurer shall give a receipt therefor, specify- 
ing the number of the stall, which receipt shail entitle the 
holder to the occupation and use of such stall for one year. 

§ 181. That the mayor and joint market committee shall 
select and set apart two stalls in the meat market as 
public stalls, for the use of country persons and others not 
regular butchers, who may, from time to time, Sell 
butchers’ meat in the market. 

§ 182. That a certain number of stalls, to be determined 
by the mayor and the joint market committee, shall be set 
apart at the eastern end of the meat market, as a fish 
market. 

§ 183. That the mayor and the joint market committee 
shall, from time to time, determine what portions of the 
market shall be occupied for the sale of meat, vegetables, 
fish, country produce, and articles sold in the market. 

§ 184. That it is not lawful for any person renting stalls 
in the market to re-let the same for any time, nor permit 
others to occupy jointly, or to sell any marketable commo- 
dity from or on their stalls. 

But every person may make a full and complete sale of 
the residue of the term for which any stall is rented, if the 
seller shall notify the city clerk of such sale, with name of 
the purchaser; and no sale or transfer shall be valid until 
this is done. 

If any lessee of stalls or stands, or any other person or 
shall enter into any combination or conspiracy, to 
prevent the market stalls or stands from renting at auction 
for more than the minimum price; or if any person or per- 
sons shall threaten with violence, or in any way intimidate 
or prevent any one from bidding on any stall or stand 
rented at auction, he shall be fined in such sum ag the 
mayor may impose, not exceeding fifty dollars. 


MARKETS. 


ARTICLE III. ELECTION, AND DUTIES OF CLERK OF THE 
MARKET, 


An Ordinance to provide for the Election, and define the Duties of the 
Clerk of the Market. 


145 


§ 185. Be tt ordained, That there shall be annually elect- clerk elected. 


ed by the convention, ‘a clerk of the market,’ who shall Bond and 
. . . . 8a, 
give bond in such sum and receive such compensation as 


the corporate authorities shall from time to time deter- 
mine; he paying all expenses for keeping the market in a 
neat and cleanly condition. 


§ 186. That it is his duty to attend at the market- Howaé Duties. 


during market hours. To maintain order and enforce obe- 
dience to the rules and regulations of the market, prescribed 
in this chapter, and report to the mayor any infraction 
thereof. 

To decide all disputes between buyers and sellers, as to 
the weight, measure, or quality of any article offered for 
sale, or sold. 

To procure and have sealed at the expense of the city, 
at least two complete sets of measures, of the capacity of 
from a bushel down to half a peck; and one complete set 
of scales and weights, conforming to the standard of mea- 
sures and weights of the State of Alabama, which shall at 
all times be kept at the market-house. 

To seize and destroy all, or regulate and correct any un- 
lawful weight, scale, or measure. 

To seize all impure meat, fish, and provisions, and dis- 
pose of them as the mayor may direct. 

To cause to be swept, washed, and thoroughly cleaned, 
every day as soon aS market hours are over, all parts of 
the market, and market premises, and to see that the same 
be always kept clean, and free from every description of 
filth. 

To keep the market-place, avenues, alleys, walks, side- 
walks, and streets surrounding or adjoining to the market, 
free from all obstructions, and to remove, or cause to be 
removed, all horses, carts, wagons, drays, and vehicles, 
and all and every article or thing which may prevent or 
interfere with, the free passage, and approach to, through 
or around the market or market-place. 

19 


146 


ORDINANCES. 


§ 187. To ring the market bell half of an hour previous 


Fees. 


Market hours. 


Shall sell by 
retail. 


Meat not to 
remain in 
market from 
June to 
November. 


Nor to be hung 
up, except— 


No skins to be 
exhibited. 


Nor offer 
unsound meat. 


How weighed. 


to the time for closing the market, on every occasion. 

To light, or cause to be lighted, the lamps in the market, 
as follows: At early candle light, only four lamps in the 
market. At four o’clock in the morning, such others shall 
be lighted as convenience or necessity shall indicate, and 
all shall be extinguished at early daylight. 

On Saturday evenings the lamps shall be lighted at early 
candle light, and as soon as the market is over to ex- 
tinguish all but four, which shall be extinguished at early 
daylight in the morning. 

§ 188. That he shall collect from each unsold vacant or 
public stall, for the use of the city, a daily tax from such 
person or persons as may occupy them. 


ARTICLE IV. REGULATIONS. 
An Ordinance to regulate the Market. 


§ 189. Be it ordained, That the regular market hours 
shall be from daybreak until ten o’clock in the morning 
each day; and on Saturday evening from three o’clock, 


.P. M. until nine o’clock, P. M., and on Sunday mornings 


from daybreak until 9 o’clock in the morning. 

§ 190. That every butcher occupying a stall in the mar- 
ket shall sell meat in any quantity, by retail, that any 
person may want. But he shall not be required to sustain 
an evident loss by such sale, of which the clerk of the 
market shall determine. 

Nor shall meat of any description be permitted to re- 
main in the market-house after market hours, from the 
first day of June to the first day of October. 

Nor shall any butcher hang up or keep his meat in any 
other place than at his stall, or butcher-pen, and when 
hung up at his stall it shall be hung in the rear of the 
stall and not in front or on the side. 

Nor shall he exhibit any skins of beeves or other slaugh- 
tered animal in the market-house. 

§ 191. That no person shall offer for sale at the market- 
house any unsound or impure meat, fish or provisions. 

§ 192. That all articles sold in the market by weight or 
measurement, shall be weighed and measured by scales, 


MARKETS. 147 


beams, weights, balances and measures according to the 
standard of the State of Alabama, and unless the seller 
has them sealed and inspected by the inspector of weights 
and measures, he shall use those kept by the clerk of the 
market. 

§ 193. That no person except those who lease stalls in the No person, 
public market, shall hawk or peddle about the streets of of stalls shall 
the city, any meat, game, poultry, vegetables or any other el oP ana 
article or commodity, usually sold or vended in the market, 
nor sell or offer to sell at retail any such articles (eggs, 
potatoes, melons and vegetables excepted,) at any store, 
stand, street or place in the city, except at the public mar- 
kets: Provided, that retailing herein shall not be so con- Commission 
strued, as to prevent merchants who receive beef by the quar- Say aril boot 
ter in the regular course of their business, from the eoun- °° @rer- 
try, on commission, from selling the same by the quarter. 

And those leasing stalls shall not hawk or peddle about Lessees must 
the streets, any meat, game, poultry or vegetables, or other until after 9 
articles usually sold in the market, until 9 o’clock A. M. of °7°°* 4 ™ 
the day. 

§ 194. That any person residing out of the city may sell Non-residents 
and retail meat by the pound, at the public stalls in the pablio stall 
meat market, or if those stalls be in use at any other place 
assigned, that may be assigned by the clerk of the market, 
and such persons shall be subject to all of the provisions of 
these ordinances. 

That it shall not be lawful for any of the regular butchers Butchers 
in the market, or any person connected or interested with "** 
them directly or indirectly, to rent or use any of the public 
stalls, or molest or interfere with, in any manner, the per- 
son who may for the time have the occupancy of any public 
stall. 

§ 195. That it shall not be lawfull to sell or expose for Fish, how 
sale until after 12 o’clock, M., any fish in any place in the pie 
city other than in the fish market. That no ice box shall 
be kept in the fish market. 

§ 196. That all persons who use any of the public or va- tees for public 
cant stalls or stands, and all carts or wagons which use 
the same, shall pay such tax or fees as may be from time 
to time imposed by the corporate authorities. 

§ 197. That no person shall, during market hours, buy or wo monopoly, 


contract for any provisions, or article usually sold in the iomatalltiee 


14s 


Nor specula- 
ting. 


-Fee to be paid 
to each market 
where anything 
is sold or 
offered. 

No article to 


be taken with- 
out consent. 


Stalls to be 
washed, 


Not to inter- 


fere with lights. 


Penalty. 


Location. 


ORDINANCES. 


market, in such quantities as to prevent others applying at 
the same time from having an equal share thereof, or so 
much as the clerk of the market may consider that the 
several applicants are entitled. 

Nor shall any person, during market hours, buy or con- 
tract for in the market any provisions or article usually 
sold in the market for the purpose of retailing or making 
a profit thereon. 

Nor shall any hueckster or other person buy any article 
or marketable commodity, in one market, to be sold in 
another, without paying a fee to each aaa 

Nor shall any person, under any pretence of any NENT 
take or carry away any article without having paid there- 
for or without the consent of the owner. 

§ 198. That every butcher occupying a stall in the mar- 
ket shall, once in every day, under the inspection of the 
clerk of the market, wash and scrape down his stali and 
benches, and keep the same clear from all kinds of filth. 

And all persons occupying any stall, stand, cart or wagon, 
in or near the market, shall cause the same to be washed 
and cleaned at least once every day. 

§ 199. That no person shail meddle with lights or extin- 
guish any of the public lamps in the market, except the 
clerk of the market. 

§ 200. That any one violating any provision of this chap- 
ter shall be fined in such sum as the mayor may impose, 
not exceeding fifty dollars. 


“CHAPTER XXI. 
MILITARY. 


An Ordinance to establish an Armory for the First Volunteer Regiment. 


§ 201. Be it ordained, That the second story of the stores 
in the southern market, (except the room over number 13,) 
on Church street, with the room under the stairs and the 
stairs leading thereto, is hereby established as an armory 
for the city of Mobile, to be under the control and direction 
of the officers of the first volunteer regiment, for which 
they shall pay annually the sum of 
dollars. 


MILK. 149 


To be used as a place of deposit for their arms and 
equipments, and for their safe keeping, and for such other 
purposes as the officers of the regiment deem necessary for 
the proper discharge of the duties of the regiment. 

§ 202. That they shall have entire and exclusive control Regiment to 
of the said armory, except when in cases of invasion, in- tseot ccepl- 
surrection, rebellion, riots, or civil commotion, it shall be 
necessary, for the time being, to quarter an additional 
number of police or troops. 

In such cases the city authorities shall have the right to 
use such part of the armory as may be necessary for such 
purposes. 

§ 203. That no alterations or additions shall be made to no alteration 
the building, except with the consent of the city authorities. pean aes 

§ 204. That whenever there shall be any riot, rebellion, m cases of 
insurrection, invasion or civil commotion, the mayor shall?!” 
make a requisition on the officer in command for such com- 
panies or number of men and arms as in his judgment may 
be necessary. 

And such officer shall detail such men and supply stich Duty of officer. 
arms with promptness and dispatch. 


CHAPTER XXII. 
MILK. 
An Ordinance to prohibit the sale of Impure Milk. 


§ 205. Be it ordained, That no unwholesome, adulterated Milk to be pure 
or watered milk shail be sold in the city, under such Penalty. 
penalty as the mayor may impose, not exceeding fifty 
dollars. 

§ 206. That any person peddling milk, or driving a milk Peddler or 
wagon, who shall violate the provisions of this ordinance, ea 
may be prohibited from the sale of milk for such time as 
the officer trying the case.may determine, and if he shall Penalty. 
sell any milk within such time he shall be fined in such 
sum as the mayor may impose, not exceeding fifty dollars. 


150 ORDINANCES. 


CHAPTER XXIII. 
PATROL. 
An Ordinance to establish Citizen Patrol. 


Chief of police § 207. Be it ordained, That the chief of police shall keep 

namesotai  & book in which shall be recorded the names of all the free 

Sipe t white male citizens over the age of sixteen years, residents 
of the city. 

To which list he shall add from time to time, and at 
least once in three months, the names of all such persons 
as may hereafter become residents of the city, if they 
shall have resided therein ten days. That all such shall 
be subject to patrol duty (unless they are exempt by some 
law or ordinance), under the direction and supervision of 
the regularly appointed police officers. 

Patrol to be § 208. That whenever it may be deemed necessary by 

selected by lot. the city authorities to establish patrols, the chief of police, 
under the direction of the mayor, or in his absence one of 
the aldermen or common councilmen, shall select by lot 
from the names of citizens as recorded, such number as 
may be necessary to guard and protect the city each and 
every night. 

Urhanisitk or And in case the person drawn shall be absent or unable 

me) _ to perform his duty by reason of sickness, his name shall 
be replaced in the Jot, to be drawn again. 

Chief of police  § 209. That the chief of police shall cause all persons 

shall notity. whose names have been drawn to be notified at least six 
hours before they are required to attend and perform the 
service of patrol for one night, specifying the time and 

Penalty for place for their attendance, and if he fail to attend and 


puns toat faithfully perform the duties of patrol, he shall be fined 
such sum as the mayor may impose, not exceeding fifty 
dollars. . 


Regulations § 210. That the patrol shall, under the direction of the 

oho police officers, have full power and authority to stop and 
apprehend any suspicious person, or any person who may 
be guilty of disturbing the peace and good order of the 
city. It shall be their duty to disperse all unseasonable, 
riotous, or disorderly meetings of all persons. 


PAWNBROKERS. 151 


CHAPTER XXIV. : 
PAWNBROKERS. 
On Ordinance concerning Pawnbrokers. 


§ 211. Be it ordained, That no person shall carry on or To be licensed. 
conduct the business or calling of a pawnbroker in Mobile, 
unless he give such bond and pay such license as the cor- Bond. 
porate authorities may from time to time determine. 

The condition of the bond shall be, that he will in every Person injurea 
particular conform to the provisions of this or any other HEN Of ketlon 
ordinance which may be passed concerning pawnbrokers, ”— sale 
and every person injured by him in any dealing or trans- 
action with him as a pawnbroker shall have a right of 
action against him on such bond until the penalty is 
exhausted. 

Any person who loans money on deposit or pledge of per- Defined. 
sonal property, or who deals in the purchasing of personal 
property, on condition of selling the same back again at a 
stipulated price, is defined and declared to be a pawnbroker. 

§ 212. Every person so licensed sail keep at his place shall keep 
of business a book, in which he shall enter in writing a °°" 
minute description of all property received on deposit, 
pledge, or purchase, as aforesaid ; particularly mentioning 
any prominent or descriptive marks that may be on such 
property, 

The time when received, 

The name and place of residence of the person from 
whom received. 

Which book shall be kept clean and legible, and no entry 
therein shall be erased, obliterated or defaced. 

Any pawnbroker who shall violate any of the provisions Penalty. 
of this ordinance, shall be fined in such sum as the mayor 
may impose for each violation, not exceeding fifty dollars. 

§ 215. That every person so licensed shall, during the Book to be 
ordinary hours of business, when requested by the mayor, Poy eeomi. 
chief of police, or any police officer of the city, submit and "*°™ 
exhibit such book to. their inspection; and shall exhibit 
any property that may have been so left with, or received 

- by such pawnbroker, under penalty of fifty dollars. 


Mayor, head 
of police. 


Aldermen and 


common council 


shall 
co-operate, &c. 


Duties. 


Powerse 


Numbers to be 
desinated by 
boards. 


ORDINANCES. 


GHAP TH Bree ~ 
POLICE. 
An Ordinance respecting the City Police. 


ARTICLE I. GENERAL REGULATIONS. 
“YI. CITY PRISON, 


¢ III, SECRET FUND. 


ARTICLE I. GENERAL REGULATIONS. 


§ 214, The mayor shall be the head of the police de- 
partment, and shall superintend and direct the police gen- 
erally. 

See that the several members are prompt and faithful in 
the discharge of their duties, and at all times shall take 
such measures as he may see fit for the preservation of the 
peace and good order of the city, and enforcing the laws 
and ordinances of the city. 

§ 215. The aldermen and common councilmen shall co- 
operate with the mayor in preserving the peace, and 
enforcing the laws and ordinances. As conservators of 
the peace, they may arrest, or cause to be arrested, with or 
without process, and taken before the proper tribunal in 
the city, all persons who shall break or threaten to break 
the peace; and may commit or admit such persons to bail. 

They may arrest, or cause to be arrested, all persons 
who shall be found committing or violating, or who may 
be reasonably suspected of having committed any crime or 
misdemeanor, or violated any ordinance of the city, for the 
preservation of the peace and good order thereof, 

And shall have power to detain, or order the detention 
of all such persons in custody, in the city prison, over 
night, and over the Sabbath, and until such person can be 
examined or tried by a competent court or magistrate, 
unless he give bond according to law. 

That there shall be appointed annually by the mayor of 
the city, aS many policemen, as may be designated from 
time to. time by, the boards, to guard and. protect the city. 


POLICE. 153 

And shall be subject to his control in the discharge of 
their duties, and may at any time be removed by him for 
any misconduct or neglect of duty. 

§ 216. The chief of police shall be the chief of the acting Chief of police. 
police, under the mayor. 

It shall be his duty to cause and see that the public Duties. 
peace is preserved, and whenever any violation thereof 
shall come to his knowledge, or be reported to him, he Shall report. 
shall cause the requisite complaint to be made, and see 
that the evidence is procured for the successful prosecution 
of the offender. 

He shall obey, and cause the police officers under him to Obey mayor. 
obey the directions of the mayor, and see that they per- 
form their duties promptly and faithfully. 

In case of tumult, riot, insurrections, or threatening mm case of 
thereof, he shall take command (under the direction of the "> &* 
mayor) in person of the police, and direct their movements 
and operations in the discharge of their respective duties. 

He shall attend at the mayor’s court, at the mayor’s office, Attend mayor's 
and at the office of the city prison, at such times as the °"™ 
mayor may direct. 

He shall keep; and cause to be kept, and made at such Shall keep 
time and such manner, all records, registers, books, and °°“* “* 
reports concerning the affairs and operations of the police 
department, as may be directed by the mayor. 

§ 217. The assistants, and all other police officers, shall, Assistant chief 
in all things, obey and assist the chief of police in the sia SS 
charge of his duties. 

§ 218. The captain of the night watch shall be ig: Captain of the 
chief executive officer (under the mayor and chief of po- peta ah 
lice) of the night watch, and shall direct them or any mem- Duties. 
ber of them under him. And he shall obey, and cause the 
members of the night watch under him to obey the rules, 
orders, and regulations prescribed by the mayor and the 
ordinances of the city. 

He shall be responsible for the efficiency, general con- 
duct, and good order of the night watch. 

§ 219. The heutenants shali aid and assist their supe- rieutenant of 
rior officers in the discharge of all their duties, and shall $° 2" 
obey all directions that they may give, and see that his 
subordinates are efficient, prompt, and faithful, in the dis- 
charge of their police hen 

20 


154 


Police officers 
or privates. 


Shall report for 
duty. 


Devote their 
time, &c. 


Preserve order, 
&e. 


Power to 
arrest. 


Shall serve 
process. 


Same powers 
as State officers 
in certain cases, 


Penalty. 


No person shall 


resist or inter- 
fere with any 
officer. 


ORDINANCES. 


§ 220. The police officers are required to devote their 
attention to the preservation of the peace, quiet, and good 
order of the city, and the enforcement of the city laws and 
ordinances. 

They shall severally report themselves for duty at such 
time and place as the mayor, chief of police, or captain of 
the night watch shall direct, and render such prompt and 
energetic assistance as may be required of them or the. ex- 
igencies of the service demand. 

They shall devote their time and attention to the dis- 
charge of the duties of their office according to the regula- 
tions prescribed by the mayor. 

They shall preserve order, peace and quiet, and enforce 
the laws and ordinances throughout the city. | 

They shall have power to arrest all persons in the city 
found in the act of violating any law or ordinance, or aid- 
ing or abetting in any such violation, and all dangerous 
and suspicious characters, and all persons found under sus- 
picious circumstances, and shall take such persons to the 
police stations to be committed to the city prison, unless 
they give bond according to law. 

They shall have power and authority m the city, to serve 
and execute warrants aud other processes, for the appre- 
hension and commitment of persons charged with or held 
for examination, or trial, or taken in execution for the com- 
mission of any crime or misdemeanor, or violation of any 
law or ordinance of the city. 

§ 221. And while making such arrest or while executing 
or serving, or assisting in the execution or service of any 
such warrant or process, shall be vested with and have all 
the powers and authority conferred on such officers by 
chapter V, title 4, part 2, of the Code of Alabama. | 

§ 222. Any member of the city police who neglects or 
reiuses to perform any duty required of him by the laws or 
ordinances, or the mayor, or in the discharge of his official 
duties shall be guilty of any fraud, extortion, oppression, 
favoritism, partiality, or wilful wrong, or neglect of duty, or 
injustice, Shall be fined in such sum as the mayor may impose, 
not exceeding fifty dollars, and be discharged from office. 

§ 223. If any person shall resist any police officer in the 
discharge of his duty, or shall in any way interfere with or 
hinder or prevent him from discharging his duty as a police 


POLICE. 155 


officer, or offer or endeavor so to do, or assist any person in 
custody of any policeman to escape or attempt to escape 
from such custody, or rescue or attempt to rescue any per- 
son so in custody, he shall be fined in such sum as the 
mayor may impose, not exceeding fifty dollars. 

§ 224. All persons when ealled on by any police officer An persons 
shall promptly aid and assist him in the execution of his Sieoee ston 
duties, under such penalty as may be imposed by the “*?°™ 
mayor, not exceeding fifty dollars. 

§ 225. If any person shall falsely represent any of the No person 
members of the city police, or shall maliciously or with in- Seevecent 
tent to deceive, use or imitate any of the signs, signals, ?°'°* ** 
devices, or similar uniform or number adopted and used by 
the city watch, he shall be fined such sum as the mayor 
may impose, not exceeding fifty dollars. 

§ 226. The officers and members of the police shall, as Police to be 
soon as practicable after the passage of this ordinance, be to: meets ya 
uniformed and numbered, and the officers thereof shall and number. 
wear a badge of office, which uniform and number shall be 
prescribed and designated by the mayor and joint police 
committee. 

The uniform and number shall be worn at all times when In case of 
on duty, and when any officer or member thereof shall Hon, oot 


h b 
resign, be discharged, or term of office expires, he shall to bedelivered. 


deliver his number to the chief of police, who shall be held ;oicc” * 
accountable for the same; and in case of death, the chief 

of police shall procure his number from his family or other 

person who shall be in possession of the same. 

Such number shall be worn and at all times attached to number worn 
the front of the hat or cap, so that the same may be dis- * es at hes 
tinctly seen. 

If any policeman, after resignation, discharge, or expira- Penalty. 
tion of office, shall fail or refuse to return his number, he 
shall be fined in such sum as the ayON may impose, not 
exceeding fifty dollars. 

The number and the badge shall be furnished at the ex- 
pense of the city, and the uniform shall be furnished by 


the police at their own expense. 


156 


City prison, 
location of. 


Mayor shall 
appoint keeper, 
deputy keeper, 


and three alarm 


sentinels. 


Keeper. 


Deputy keeper. 


Duty of keeper. 


Shall give 
receipt. 


Take receipt. 


Copies. 


Keep book to 
keep account 
of all articles 
received or 
taken from 
prisoners. 


Shall furnish 
food. 


Shall keep 
prison clean. 
Shall make a 
weekly report 
to the mayor. 


ORDINANCES. 


ARTICLE II. OITY PRISON. 
An Ordinance to establish and regulate the City Prison. 


§ 227. Be it ordained, That the building on the south 
side of Conti street, between Royal and St. Emanuel streets, 
now occupied as the city guard house, be, and is estab- 
lished and called the city prison, and shall be the place of 
confinement of such persons as are imprisoned for viola- 
tion of the city laws, ordinances and by-laws, and for the 
temporary safe-keeping of persons arrested by the city 
police. 

§ 228. That there shall be appointed, by the mayor, a 
keeper of the city prison, a deputy keeper, and three alarm 
sentinels. 

§ 229. The keeper of the city prison shall have the 
charge and keeping of the prison, and the custody of all 
persons confined therein. 

§ 230. The deputy shall in all things obey and assist him 
in the discharge of his duties. 

§ 231. When any person is committed therein he_ shall 
give to the officer or person who may have the custody of 
such person, a receipt stating the alleged name, the charge 
against him, and from whom received, and when such per- 
son is discharged or placed in custody of any other officer 
or person he shall take a like receipt, a copy of which he 
shall keep in his office. 

He shall keep in a book, kept for that purpose, a full 
account of all articles or property taken from any person 
placed in his custody, or received of any person in custody, 
for which he shall give a receipt to such person, setting 
forth the date, name of the person and description of the 
articles, and upon the discharge on bond, or otherwise, 
of the prisoner, shall deliver such articles as belong to 
him, unless they have been used as the means of committing 
a felony, or necessary to be used in evidence. 

He shall furnish to all persons who are confined therein, 
proper food and diet, according to the regulations that 
may from time to time be made by the city authorities. 

He shall keep the prison clean and well ventilated. 

He shall weekly make a report to the mayor, of the 
names of all persons committed, discharged and remaining 


POLICE. 157 


in eustody, accompanied with the vouchers for the dis- 
charge. 

§ 252. He shall deliver, or cause to be delivered to any Prisoner to 

: . ue £ oc ‘ have food and 
prisoner confined therein, any food, drink, wearing apparel, clothing deliv- 
or bed clothing (wine or spirituous liquors excepted) piso 
which may be brought to the prison for any prisoner. 

It shall not be lawful for the keeper of the city prison, Prisoner to 

: fs J : A have communi- 
or any police officer, to prevent a prisoner from having in- cation with 
- ° ‘ C . ‘ a] 

terviews with counsel, relations or friends, in the day time, and relatives. 
for a proper purpose. Such interviews may, at his discre- 
tion, be in his presence, or in the presence of some police 
officer under his direction, or the direction of the chief of 
police. 

The keeper of the city prison shall inspect all articles of Keeper of 


: ° ° : ‘ison to 
food or clothing brought to the city prison, tor a prisoner, examine arti- 


to see that there are no tools or implements thus conveyed Cisoners.. 
into the prison to aid in the escape of any one. 
Any keeper of the city prison, or any police officer, who 
shall violate the provisions of this section, shall be fined 
in such sum as the mayor may impose, not exceeding fifty 
dollars, and shall be discharged from service. 
§ 233. He shall demand and collect for the city from Fees of prison. 
every person confined therein for any violation of the or- 
dinances of the city: 


For commitment, = - 2 z é : : - $1 00 
And for every day that he may continue there, - 30 
And for every bond, - - - - Seer 50 


§ 234. That one of the alarm sentinels shall be at all Duty of alarm 
times on the bell tower, to watch and observe the city. = “™" 

He shall cry the hour of night, or strike the bell, at each shail ery the 
half hour through the night, till daylight, as he may be sha heals 
directed by the mayor. 

§ 235. Whenever there is any alarm of fire, he shall onan alarm of 
strike the bell to indicate the alarm for all parts of the engi ae pen. 
city south of Dauphin and east of Royal street, with one tap. 

All north of Dauphin, east of St. Joseph, two taps. Fire limits 

All south of Dauphin, west of Royal, and east of Frank- °°!" 
lin, three taps. 

All north of Dauphin, west of St. Joseph, and east of 
Franklin, four taps. 

All south of Dauphin, west of Franklin, and east of 
Broad, five taps. . 


158 ORDINANCES. 


All north of Dauphin, west of Franklin, and east of 
Broad, six taps. 

All south of Dauphin, and west of Broad, seven taps. 

All north of Dauphin, and west of Broad, eight taps. 


BROAD. STREET. 


= 
5 f 6 
> 
D 
Shien, HEANICLEN pac STREET. 
- 
na 
by ST. JOSEPH ST. 
Qy = 
=) 
ROYAL STREET. =< 
Ss 
peter 2 
MOBILE RIVER. 
For riot, é&c. For riots or civil commotion, rebellion or insurrection, 


double the number. 
Viz? 151 372) 253,33 Ff, 43 OG Or Os 1, vs, Oo. 


CITY PORTER. 159 


ARTICLE III. 
An Ordinance to establish a Secret Fund. 


§ 236. Be it ordained, That there is appropriated from Appropriation. 
the city treasury an amount equal to ten per cent. on the 
total money paid by the chief of police, to be called the 
‘ Seeret Fund.” 

§ 237. This amount shall be paid by the treasurer to the To mayor. 
mayor, who shall take his receipt within five days after it 
is paid into the treasury. 

To be under his sole control—to be used as he may see Under his 
fit in facilitating the operations of the police, and to make tte cced 
them efficient. | 

He shall make monthly exhibits to the presidents of the He shall make 
two boards as to the disposition of the fund, and annual exhibits. 
reports to both boards. 

§ 238. If it appear to the mayor and the two presidents puty of 
at any time, that the fund is larger than is necessary for }ielmeo”™ 
its purpose, such surplus shall be paid to the city treas- 
urer, taking his receipt for it. 


CHAPTER XXVI. 


CITY PORTER. 
An Ordinance creating the Office and defining the Duties of City Porter. 


§ 239. Be it ordained, That the mayor shall, as soon as Gity porter to 
practicable after the passage of this ordinance, appoint a py en 
city porter, who shall hold his office for the balance of this 
municipal year, and shall be annually appointed thereafter 
by the mayor, and who shall be removed at the pleasure of 
the mayor for any reasonable cause or dereliction in the 
performance of his official duties. 

He shall receive such salary as the corporate authorities 
may from time to time determine. 

§ 240. It shall be the duty of the city porter to have all puties of 
the offices of the public officers of the city in the municipal °° 
buildings, properly cleaned and prepared for their occu- 


160 


He shall attend 
the meetings of 
the boards, 
committees and 
conventions. 


Penalty. 


Keeper elected. 


Duties. 
Shall keep book 


Fees. 


ORDINANCES. 


pancy by 9 o’clock of each day, with fires lighted, and sup. 
plies of coal provided in said offices, whenever the same 
may be necessary. 

It shall also be his business to be in attendance at the 
municipal buildings during office hours, and as long as any 
of the city officers may be engaged in their offices, and to 
attend to the lighting of the rooms and fires at each regular 
and called meeting of the boards of aldermen and common 
council, or conventions, and to remain until after such 
boards or convention adjourn, to perform any services that 
may be required of him by them. He shall also attend at 
the municipal buildings as long as any committee of either 
board shall be in session. He shall go on all errands that 
may be required of him by an officer on official business, 
and to do and perform such other duties as may be required 
of him from time to time by the corporate authorities. 

For any violation by the city porter of any of the provi- 
sions of this ordinance, shall subject him to such penalty 
as the mayor may impose, not exceeding fifty dollars. 


CHAPTER XXVaAT 
POWDER—GUNPOWDER. 
An Ordinance to regulate the keeping of Gunpowder. 


§ 241. Beit ordained, That there shall be annually elected 
in convention a keeper of the powder magazine, who shall 
give such bond and receive such compensation as the cor- 
porate authorities may from time to time determine. 

§ 242. That he shall keep a book in which he shall note 
and enter every keg and package of gunpowder received 
into and delivered from the magazine, or transferred while 
in the magazine, as well as the owners’ names, and the 
marks and numbers thereof. And he shall render an 
account quarterly, and oftener if required by the city 
authorities, of all gunpowder stored. ~ 

§ 243. And for his services he shall receive fifteen cents 
for the first keg of powder delivered to any person, and 
eight cents for each additional keg delivered, which shall 


POWDER.—GUNPOWDER. 161 


be regarded as sufficient compensation for furnishing and 
feeding his horse to be used for delivering said powder. 

He shall, monthly, and up to the end of each and every Shall make 
month, present to the mayor, aldermen and common coun- Parts of money 
cil, a full, exact, and correct account of all moneys received ““°Y"" 
by him for receiving, storing, and delivery of powder, and 
pay the same to the city treasurer. 

He shall keep at all times, and in good repair, a covered shall keep a 
wagon or cart (to be furnished and provided by the mayor, ““"°" 
who is authorized and required to provide it at the expense 
of the city) for the transportation of powder to and from 
the magazine. 

§ 244. That the house and premises now occupied for the Magazine 
storage, located at or near the mouth of Chickasabogue, ““’""** 
is established as the ‘powder magazine” for the city of 
Mobile. | 

§ 245. That it is not lawful for any person to keep more no powder tobe 
than twelve and one-half pounds of gunpowder in one *°?*°°?' 
parcel, nor more than two parcels in his store, warehouse, 
dwellinghouse, or outhouse, in the city, at any one time ; 
and such gunpowder shall be kept in tin canisters. 

§ 246. That no vessel having powder on board shall be wo vessel shall 
permitted to be alongside of any wharf in the city more Wiiiowa 
than twenty-four hours. 

§ 247. That no person shali land any gunpowder at any now landed. 
of the wharves of the city in any box, tierce, or package, 
other than the original keg or barrel, unless the same be 
legibly marked “powder.” 

That no person, except the keeper of the powder maga- How carried. 
zine, shall carry gunpowder through the streets of the city. 

That every owner, agent, or consignee of any powder Shall be deliv- 
landing from any vessel, shall deliver it over immediately “°* '° "°°? 
to the keeper of the powder magazine to be stored. 

Every person violating this ordinance shall be fined. in penaity. 
such sum as the mayor may impose, not exceeding fifty 
dollars. 

§ 248. That for every keg or package of gunpowder, of not Pees for storage 
more than 25 pounds, received into the magazine for stor- 
age, there shall be paid in advance, for the first six months, 

75 cents, and in that proportion for large packages. And 

if the powder remain in the magazine for a longer time than 

six months, there shall be paid in advance one half of these 
21 


162 


ORDINANCES. 


rates. And so on for each and every succeeding six 


Powder remain- 
ing more than 
six months for- 
feited. 


Fire warden to 
direct the stor- 
ing of rosin, tar, 
turpentine, oil, 
&e. 


Any merchant 
may keep five 
barrels on sale. 


Municipal 
buildings de- 
clared. 


The mayor's 
court room. 


months. . 

That if the ownership of any powder shall be changed 
while on storage, the keeper may collect fifty cents for 
every transfer, for the registry thereof. 

That every person having powder in the magazine shall 
indorse on the back or margin of every order for powder, 
the time to which the storage of such powder has been 
paid. 

§ 249. That all powder remaining in the magazine six 
months, on which the storage has not been paid, shall be 
forfeited to the city, and sold at auction. 

§ 250. That rosin, tar, pitch, spirits of turpentine, petro- 
leum oil, and kerosene oil, shall be stored at such place or 
places as may be designated by the fire wardens and ap- 
proved by the mayor: Provided, that any merchant or 
other person may keep five barrels of each for sale in his 
place of business; and any person violating this section 
shall be fined in such sum as the mayor may impose, not 
exceeding fifty dollars. 


CHAPTER XXVIII. 
PROPERTY OF THE CITY. 


ARTICLE I. MUNICIPAL BUILDINGS. 
‘“ - II. PUBLIC PARKS. 


‘¢ Il. CITY PROPERTY. 


ad 


ARTICLE I. MUNICIPAL BUILDINGS. 
An Ordinance respecting the Municipal Buildings. 


§ 251. Be it ordained, That the second story of the centre 
building of the southern market, fronting on Royal street, 
with the stairs leading thereto, is established as the muni- 
cipal building of the city of Mobile, within which the mayor 
or some one of the aldermen or common councilmen of the 


Court tobe held City of Mobile shall, on each day of the week, except Sun- 


daily. 


day, hold court for the trial and determination of all 


PROPERTY OF THE CITY. 163 


offences against, or violations of, the by-laws and ordi- 
naneces of the city, which shall be called “The Mayor’s 
Court,” at which times may be heard complaints against 
persons charged with offences against the laws of the State 
of Alabama, in a room to be called the mayor’s court room. 
§ 252. The board of aldermen shall hold their meetings Aldermen's 
in another. eae 
§ 253. The board of common council shall hold their Common coun: 
meetings in the room assigned to the city treasurer. 


§ 254. The mayor shall have his office in another. Mayor. 

§ 255. The city treasurer in another. Treasurer. 

§ 256. The city clerk in another. Clerk. 

§ 257. The city tax collector in another. Tax collector. 
§ 258. The city assessor in another. Assessor. 

§ 259. The city engineer in another. Engineer. 

§ 260. The chief of police and his assistants and the Chief of police. 


Assistants and 


officers of the police, shall have an office in another. ofticers of police 
§ 261. The city police shall have an office in another. Police. 


§ 262. And a guard-room for the safe-keeping and secu- Sesh for 
sa eeping. 
rity of persons who may be in custody, awaiting (tempo- ae 
rarily) the hearing of the case against them. 


eed 


ARTICLE II. PUBLIC PARKS. 
An Ordinance respecting Public Parks. 


§ 263. Be it ordained, That the square bounded by Bienvitle 
Dauphin, St. Francis, Conception, and St. Joseph streets, ?*™* 
is established as a public park, to be be called Bienville 
Park. 

§ 264. That the square bounded by Charles street on the Washington 
east, on the south by Augusta street, on the west by 
Chatham street, on the north by Maine and Charleston 
streets, is established as a public park, to be called Wash- 
ington Park. 

§ 265. That no person shall use or occupy any portion Not to be occn- 
of either of the public parks, nor deposit any lumber, ?° 
timber, wood, brick, or any other material, nor hang clothes 
nor clothing, nor permit it to be done without the permis- 
sion of the city authorities. 


164 ORDINANCES. 

Trees, &c.,not § 266, That no person shall cut down, bark, or in any 

to be injured, bie 
manner injure, cut, or break any tree, shrub, or flower 
planted in or about either of the public parks. 

Horses, &c.,not § 267. That no person shall turn into either of the parks 

to be turned any horse, cattle, or any animal whatever, nor permit it to 
be done. 

Nuisances for § 268. That for any intrusion upon, or interference with, 

Soe either of these parks, not heretofore specified, calculated 
in any manner to injure or deface, and for every nuisance 

Penalty. committed therein or thereon, and for any violation of this 
ordinance, shall be subject to such fine as the mayor may 
impose, not exceeding fifty dollars. 

Duty of police. § 269. That the police officers shall take any property or 
animals that may be found in either park, and place it in 
safe keeping, subject to the order of the chief of police, 
and give notice thereof to the owner at once. If no owner 
be found, or if he fails to pay the fine‘and costs, the chief 
of police shall sell it as follows: 

May seliprop- § 270, At. the expiration of one week from the time it | 

oe out ab was taken, he shall give three days’ notice in the official 

aes newspaper of the city, that it will be sold to pay the fine 
and costs, at which time he shall sell it to the highest 
bidder, for cash, in front of the municipal buildings, and 
the excess shall be paid to the owner, when known; if 
unknown, it is forfeited to the city. 


ARTICLE III. CITY PROPERTY. 


An Ordinance respecting City Property. 


Stores in south: ‘§ 271. Be it ordained, That the stores erected in the 

torent.’ southern market property shall be rented by the joint mar- 
ket committee, in such manner and at such time as, in 
their opinion, may best promote the interest of the city. 

Directionsasto § 272. That all leases shall expire on the first Monday in 

prac November of each year. That before executing a lease, or 
giving possession to any person, the committee shall take 
notes with securities approved by four of their number. 
Each note to be for three months’ rent, and made payable 
to the order of the city treasurer (who shall have the cus- 
tody of them) at the Bank of Mobile. 


PUBLIC POUNDS. 165 


§ 273. That all property belonging to, or pertaining to An other prop- 


the city, not provided for, or regulated by any of the ordi- oumerdt OF ine 
nances of the city, shall be under the control and disposal Sanies pe 
of the mayor and the presidents of the board of aldermen °°" 

and common council, subject to approval of the mayor, 

aldermen and common council. 

§ 274. That no person shall injure or deface any of the Lamps, &c., not 
lamps nor lamp-posts, nor anything pertaining thereto, of Saupe 
the city, or extinguish the light thereof. 

Nor injure, nor destroy, break down, nor deface any No property to 
building, nor carry away any property whatever belonging yee 
to the city, under such penalty as the mayor may impose, Penalty. 


not exceeding fifty dollars. 


CHAPTER XXIXxX. 
PUBLIC POUNDS. 
An Ordinance to provide for the Impounding of Animals. 


§ 275. Be it ordained, That the mayor is hereby author- inspector of 
ized, as soon as practicable after the passage of this ordi- erichcel te 
nance, to appoint some suitable person as inspector of “°™9°" 
animals and pound keeper, who shall hold his office until 
the end of this municipal year, and that he shall be ap- 
pointed by the mayor annually thereafter, and be removed 
at the pleasure of the mayor for any reasonable cause, or 
for any dereliction in the performance of his official duties. 

He shall give such bond and receive such compensation Bona. 
or fees as the corporate authorities may from time to time 
determine. 

§ 276. It shall not be lawful for any horned or other cattle, Animals not to 
horses or mules, to go at large within the following pre- Tyastyrseosst 
scribed limits of the city of Mobile, to-wit: Commencing *"°®* 
at the foot of Congress street, westwardly along Congress 
to Royal, southwardly down Royal to State, thence west- 
wardly along State to Jackson, southwardly along Jackson 
to Monroe, thence eastwardly along Monroe to Conception, 
southwardly along Conception to Eslava, and thence east- 
wardly along Eslava to the Mobile river; and hogs shall wogs not torun 


: , : : le j 
not be permitted to run at large in any part of the city. Pat Fae aity. 


166 ORDINANCES. 


Pound tobe § 277. That there shall be erected at the expense of the 

erected at ex- ° ; Ay 

pense of the Clty, on such grounds és the mayor and police committee 

tis may select, a high and substantial inclosure, to be known 
as the public pound, where all animals found going at 
large in violation of law, shall be confined in such manner 
and under such rules and regulations as hereinafter pre- 
seribed. 

Pound keeper § 278. It shall be the duty of the pound keeper to reside 

hear thepoand at or near the public pound, so as always to be near when 


a 1 ce a hg bd Z 
oe eaten mes animals are brought to be impounded. He shall keep a 


FEES ina of book in which he shall enter the name of the owner of each 
ane animal impounded, if known, with the date thereof, as also 
at the same time a description of each animal so impounded, 
and report daily to the chief of police the number and des- 
Description of Cription of all animals impounded, which shall be placed im- 
ary ree ntin Mediately on a bulletin board and hung up in a conspicuous 
beard at police lace in the guardhouse, so that the public may at all times 
Public. see the number and description of all animals confined in 
He shallfeed the pound. He shall take proper care of all animals in his 
and water“! charge, feeding and watering the same. He shall release 
Seth all animals in his charge upon proof of ownership and the 
payment to him of all fees and charges hereinafter provided ; 
and if in making proof of ownership, the party claiming the 
property shall think that he is unfairly dealt with, he shall 
submit his proof of ownership to the mayor, or, in his ab- 
sence, to the acting mayor, whose decision shall be final. 
eles ofpound § 279. That it shall be the duty of the inspector of ani- 
; mals and pound keeper to take up and lodge in the public 
pound all cattle, cows, calves, horses, mules and hogs that 
may be found running at large in violation of this ordi- 
nance; and if any person shall attempt to arrest from the 
proper officer or either of his assistants any animal in his 
or their charge, or in any manner interfere with him or 
them, while driving, leading, or in any other manner con- 
veying any animal to the public pound, the person so 
offending shall be fined in such sum as the mayor may 
impose, not exceeding fifty dollars. . 
Public saleof  § 280. That it shall be his duty to hold a public sale at 
spas a the public pound at the hour of 12 o’clock M. on every 
sabia Monday of each week. ! 
Animalstobe . Lhat he shall on every Friday, Saturday and Sunday 


advertised be- mornings advertise in some newspaper published in the 


‘ 


PUBLIC POUNDS. 167 


city of Mobile, the number and accurate description of each 
and every animal so impounded and to be sold on the fol- 
lowing Monday; and in said advertisement shall give 
notice that all animals not called for and the charges and 
expenses paid thereon by 11 o’clock of the day of sale, will 
be sold aecording to the provisions of this ordinance. 

That he shall proceed to sell (after giving the lawful Net proceeds 
notice as aforesaid) all animals impounded whose owners the eitytreas 
have not come forward and made the proper proof.and "* 
paid all the charges herein provided, to the highest bidder, 
and the proceds of which sales, after first paying all fees, 
charges and expenses, shall be paid over to the city treas- 
urer, with a full exhibit of the sale and all transactions 
connected therewith: Provided, That in the cases of horses, 
cows and mules, not less than ten days’ notice of the sale 
to take place shall be given. 

§ 281. That whenever any horse, mule or cow, or animal owner may re- 
of the like description, shall be sold under the provisions aye steht 
of this ordinance, the owners or agents thereof shall have 
thirty days from the date of such sale wherein to redeem 
the animals thus sold; and if the owners or agents of ani- 
mals sold as aforesaid do not apply to the keeper-of the 
pound within the time before mentioned and pay or tender 
to him the original purchase money which such animal 
sold for, together with twenty-five per cent. on such 
amount, he, she or they shall be forever barred from 
recovering the same: Provided, however, That it shall be city treasurer 
the privilege of the owner of any such animal sold in the O22o0 Pre 
manner aforesaid, within thirty days after the sale, to de- 
mand and receive from the city treasurer the net amount 
(less fifteen per cent.) of the proceeds of the sale of any 
such animal belonging to the party making such applica- 
tion, and ‘which was paid to said city treasurer by the 
inspector of animals; but in the case of hogs, they will be proceeds of sale 
sold as provided for i in this ordinance, and after deducting eh ok, arate 
charges, the balance, if any, will be forfeited to the city. 

§ 282. That the following fees are hereby established, pees for im- 
and the inspector of animals and pound keeper authorized Poynting ant 
to collect the same—and in all cases the animals will 
be held liable for the payment thereof before delivery— 


to wit: 


168 


Dog not to re- 
main in the city . 
without a collar 
and payment of 
tax. 


Collar must be 
lettered C. T. P. 


Penalty. 


ORDINANCES. 


For impounding each mule, horse or cow, or animal 

of like description, . - - - - - $2 00 
For impounding each half grown mule, horse or comay 

or animal of like description, patah Ligeed ‘41 00 


For impounding each hog over 40 pounds, - ai ohrO0 
For impounding each hog under 40 ee and over 

10 pounds, - - . - - - - 50 
For impounding each pig under 10 pothis : - 25 


For feeding and taking care of each grown horse, 
mule, cow, or snimal of like description, per day, 1 09 
For feeding and taking care of each half grown 
horse, mule, cow, or animal of like description, 


per day, - - . - - - - - 50 
For feeding and sadiiine care of each grown ne8 per 

day, - . . - - - . 7 50 
For feeding and taking care of each shoat iabuee 40 

pounds and over 10 pounds, - - - - - 40 
For feeding and taking care of each pig under 10 

pounds, - - - - - - - . - 25 
For selling each grown horse, mule, cow, or animal 

of like description, - - : : - - 2 00 
For selling each half grown horse, yap cow, or 

animal of like deseription, = - - : - - 1 00 
For selling each grown hog, - - - - 1 00 
For selling each hog under 40 Sadie and over 10 

pounds, - - . - - - - 50 
For selling each pig under 10 oud : 7 25 


§ 283. No dog shall be permitted to be and remain jirvriit 
in the limits of the city of Mobile, as now established by 
law, unless the owner thereof shall have caused the tax 
imposed by this ordinance to be paid, and shall place on 
the neck of said dog the collar hereafter described. The 
tax for each dog over six months old, per annum, shall be 
two dollars, and for each slut or bitch over six months old 
three dollars, which shall be collected by the city tax col- 
lector. The owner of each dog on which the city tax has 
been paid, shall keep a collar of metal or of leather, with - 
a metallic plate thereon, on the neck of said dog, on which 
shall be inscribed the letters, to be plainly seen, “OC. T. P.,” 
together with the figures indicating the year for which the 
tax is paid; and if any owner of a dog shall permit such 
collar to be on any dog, without having paid the tax, or 


PUBLIC POUNDS. 169 
shall fail to put on said collar, (the tax being paid) shall 
be guilty of a misdemeanor, and shall be fined in such sum 
as the mayor may impose, not exceeding fifty dollars. 
§ 284. It shall be the duty of the inspector of animals, Dogs to be im- 
a baa A F pounded if with- 
and his assistants, to take up and impound in a suitable out collar. 
place, to be designated by the mayor and the police com- 
mittee, all dogs which are found in the corporate limits 
without collars, marked as above provided, and it shall be 
his and their duty to inquire from time to time from the 
city tax collector as to the persons who pay taxes on dogs, 
and if any dog is found with such collar on, without the tax ponatty, 
being paid, he shall forthwith arrest the owner and cause 
him to be brought before the mayor, and unless a sufficient 
cause be shown for such neglect, he shall be fined in such 
sum as the mayor may inpose, not exceeding fifty dollars. 
§ 285. Every householder or head of a family, suffering Dog not to re- 


main on preim- 


a dog to remain on his or her premises, without having ises without 
such collar on, or reporting the same to the inspector, he Penalty. 
or she shall be fined in such sum as the mayor may impose, 

not exceeding fifty dollars. 

The inspector of animals shall be entitled to receive a fee Fees for re- 
of two dollars for the redemption by the owner or other “™?% 
person of every dog impounded, and twenty-five cents per 
day for feeding, watering and taking care of each dog; 
and if the owner does not redeem within five days, any 
other person paying the fee may redeem; and if no one Dogs may be 
comes to redeem within seven days, it shall then be the Si if notre 
duty of the inspector to have such dogs slain, and he shall 
be entitled to receive from the city treasurer one dollar for 
each dog slain, the slaying to be done in the presence of 
the chief of police or one of his assistants. The city treas- Fee of inspector 
urer Shall be authorized to pay the one dollar to the in- 
spector for each dog so slain, upon the certificate of the 
chief of police, approved by the mayor. But no one shall 
redeem any dog until he first pays the proper tax to the 
city tax collector. Every dog slain under the provisions of 
this ordinance shall be buried in a hole of proper depth, in 
some unfrequented place. 

§ 286. Any slut or bitch found in heat running at large Any bitch in 
in the streets of the city, whether she have a collar on or Mpa. be 
not, shall be slain by the inspector, his assistants or any ‘”- 
police officer. 

22 


170 ORDINANCES. 


Owner of dan- If any fierce or dangerous dog shall be at large in the 

gerous dog sub- 4 ‘ 

jecttoafine Streets, or in any enclosure untied, shall endanger any per- 

and dog may be . : 

killed. son passing along the public thoroughfare, the owner shall 
be subject to such fine as the mayor may impose, not ex- 
ceeding fifty dollars; and it may be a part of the sentence 
upon said conviction, that said fierce or dangerous dog be 
killed, and if so, it shall be the duty of the chief of police 
to cause said dog to be killed. 

Inspector to The inspector shall place on the bulletin board at the 

place descrip- . . : . 

tion of dogs on police office, every morning after the taking up and im- 

bulletin board : . eas ‘ 

at police ofice. DOUNding of any dog, a full description thereof, showing 
the date of his being impounded, which shall remain there- 
on for seven days, unless in the meantime the dog shall 
have been redeemed. 

Meaning of The word “dog,” whenever used in this ordinance with- 

word dog. P A ate ; 
out qualification, is intended to mean a female as well as a 
male dog. 

Owners maybe § 287. Whenever it shall, in the opinion of the mayor, 

required to : : . 

keep their dogs Nake it necessary for the public safety, or to prevent the 

pa gnee Prem yrevalence of hydrophobia, it shall be his duty to issue a 
proclamation notifying owners of dogs to keep the same 
well secured on their premises; and any dog found at large 
in any street or public place, at the expiration of two days 
after such proclamation has been issued, shall be killed 
immediately, unless muzzled and accompanied by his own- 

Penalty. er; and the owner thereof shall be fined in such sum as the 
mayor may impose, not exceeding fifty dollars. 

Inspector may  § 288. That if the inspector of. animals, pound keeper or 

fhe any of his assistants, shall, in any manner, violate any of 
the provisions of the foregoing ordinance, he or they shall 
be fined in such sum as the mayor may impose, not exceed- 


ing fifty dollars. 


PUBLIC SAFETY, &C.—PUBLIC MORALS. 171 


CHAPTER XXX. 
PUBLIC SAFETY, OR CONVENIENCE. 
An Ordinance defining offences affecting public safety or convenience. 


§ 289. Be it ordained, That whoever shall, in the streets Animals not to 
of the city, ride or Hive any beast of burden, beyond a Piaidcraty i 
moderate gait, (unless in case of urgent necessity,) or shall “ptt 
ride or drive any such animal by intentionally and wilfully 
causing any animal, or vehicle thereto attached, to come in 
collision with, or strike, any other object or person, or shall Cruelty to ani- 
inhumanly Bei cruelly beat, injure or otherwise abuse any Ponty 
dumb animal, shall be fined in such sum as the mayor may 
impose, not Be ouadin® fifty dollars. 

§ 290. In all cases of persons meeting each other iM Ve- Persons and ve- 
hicles in the streets, or on foot on the side walks, each per- ringer pty 
son so meeting shall turn off and go to the right side of the ™#"* 
street or side walk, so as to enable such vehicles or persons 
to pass each other without accident or collision. 

§ 291. Every person violating the provisions of this or- penaity. 
dinance, shall be fined in such sum as the mayor may im- 
pose, not exceeding fifty dollars. 


CHAPTER XXXI. 
PUBLIC MORALS. 


An Ordinance to prohibit Vagrancy, Quarreling, Riotous, Immoral and 
Disorderly Conduct. 


§ 292. Be it ordained, That no person shall be guilty of no fighting on 
I 
fighting, quarreling, or any riotous, indecent, blasphemous oe yt 
language, or disorderly conduct in the streets, houses, or Pousnass 
anywhere else in the city, nor of abusing, provoking, or 
disturbing, either by word or action, any person in, or 
walking in any street, road, or public way. 


172 ORDINANCES. 


Nor scandalous Nor shall show or expose in public any writing, sign, 

seh drawing, print, caricature, statue, or any other object 
which may excite scandal, or has a tendency to disturb the 
public peace. 

Drawg pic- Nor shall write or draw any obscene or vulgar language, 

catures forbid. OF Grawing, or caricature, on any wall, house, fence, or 

es other public place. 

Nor injure any Nor shall break down, destroy, injure, or carry away, any 

fence or any part thereof, or the steps, or blinds, or doors, 

of houses. 

Nor deface any Nor shall deface, break, or carry away any sign, board, 

Sisnorplate. or plate, indicating the name, residence, occupation, or 
business of any person. 

Norinjure any Nor shall destroy, break down, mutilate, or deface any 

tombstone. 1 
tomb, grave, or sepulchral monument, erected in any bury- 
ing-ground, or in any way violate the same, under such 
penalty as the mayor may impose, not exceeding fifty 
dollars. 

Allpersons va- § 293. That all vagrants, idle, dangerous and suspicious 

fisorderly, &e. OL disorderly persons, or persons of evil life or ill fame—all 
persons that have no visible means of support, or are 

Or beggars, or likely to become chargeable to the city as paupers, all per- 

drunk, or loiter- A c 

ers, or no busi: SONS who may be found begging, all persons drunk in or 

pai about the streets, all persons loitering in or about bar- 
rooms or tippling-houses, all persons who have no reasona- 
ble course of business in the city, 

Ornoplaceof All who: have no fixed place of residence, all who are 


residence, or 


publicly inde. grossly indecent in language, person, or behavior publicly 

tutes oc keep, in the streets, all public prostitutes or such as lead a 

Pre of Tigtous , notorious, lewd or lascivious course of life, all persons 

See occupying houses in the city who shall keep the same in a 
riotous or disorderly manner, or permit such conduct on 
his premises, shall be subject to such penalty as the mayor 

Persone fined May impose, not exceeding fifty dollars: Provided, That he 

may give bond. nay release himself from such penalty by giving bond in 
such sum as the mayor may prescribe for six calendar 
months, conditioned to be of good behavior for sueh time, 
and to indemnity the city against any charge for his 
support, or he may, at the discretion of the mayor, be 
permitted to leave the city; and for dangerous and suspi- 
cious characters, may be sent therefrom without their 
consent. 


PUBLIC MORALS. 173 


§ 294. Whoever shall bathe, wash or swim in the Mobile Bathing in bay 
. : . : , ot Mobile and 

river, or in Mobile bay, or in any other water course, pond, river in city 
pool, or in the intrenchment ditches, between one hour be- "rd" 
fore sunrise and one hour after sunset, being naked or in- 
sufficiently clothed to prevent improper exposure of his 
person, shall be fined in such sum as the mayor may im- Penalty. 
pose, not exceeding fifty dollars. 

§ 295. Whoever shall appear in any public place in a state No person shall 
of nudity, or in a dress not belonging to his or her sex, or nt belouzing > 
in an indecent or lewd dress, or shall make an indecent ex- sex" 
posure of his or her person, or be guilty of an indecent or 
lewd act of behavior, or shall exhibit, sell, or offer to sell, sening 1ewa 
any indecent or lewd book, picture, or other thing, or shall (oc nibitea 
exhibit or perform any indecent, immoral or lewd play, or 
other representation, shall be fined such sum as the mayor Penalty. 
may impose, not exceeding fifty dollars. 

§ 296. Whoever shall, in this city, disturb or disquiet pisturbing re- 
any congregation met for religious worship, by making a panic? 
noise, or by rude and indecent behavior, or profane dis- 
course within the place of worship, or so near the same as 
to disturb the order or solemnity of the meeting, shall be Penalty. 
fined in such sum as the mayor may impose, not exceeding 
fifty dollars. 

That the mayor be, and he is authorized and required, to 
suppress all night assemblages of noisy and disorderly per- 
sons, and all such as may disturb the rest and quiet of the 
neighborhood ; and all persons engaged in such collections 
or assemblages shall be liable to such fine and penalty as 
the mayor may impose, not to exceed fifty dollars, or not 
exceeding six months in the work house. 

§ 297. Whoever shall be guilty of sticking or putting up no posters or 
in any street, avenue or alley, or on any wall, fence or other py itaeieee 
public place in this city, any indecent or gross printed or fe &¢ 
written advertisement, bill, or notice of his professional 
skill or remedies for the curing of venereal, or what is 
usually called secret diseases, or causing the same to be 
stuck or put up, or shall cause any such indecent or gross 
written advertisement, either as a bill or circular, whether 
enclosed in an envelope or in any other form, to be left in 
any yard or premises attached to any dwelling house, or 
shall put under the door, or to be given to any servant in 
or about such dwelling house, shall be fined in such sum as penalty. 


the mayor may impose, not exceeding fifty dollars. 


RY 


174 ORDINANCES. 


CHAPTER XXXII. 
SABBATH. 
ARTICLE I. 
An Ordinance to regulate the observance of the Christian Sabbath Day. 


No person over § 298. Beit ordained, That no tradesman, laborer or other 
fifteen years 4 iy 
shall break the Person whatsoever, over the age of fifteen years, shall do 


Sains or exercise any worldly labor, business, or work of their 
ordinary calling, on the Christian Sabbath, (works of ne- 
cessity, charity, and the necessary occasions of the family 

Penni excepted) under such penalty as the mayor may impose, 
not exceeding fifty dollars. | 

Novstorsiake. § 299. That no person shall publicly expose for sale, nor 

to be open. 


sell in any store, shop, warehouse, or otherwise, any goods, 

wares or merchandise, upon the Christian Sabbath ; and 

all stores, shops and warehouses in which goods of any de- 

scription are kept for sale, shall be closed during the en- 

tire day, from twelve o’clock Saturday night to twelve 

Penalty. o’clock Sunday night, under such penalty as the mayor may 
impose, not exceeding fifty dollars. 

Exception, ho. This section does not apply to keepers of hotels, board- 

eet ing houses, or public eating houses, where no spirituous 
liquors are kept for sale, nor to apothecaries in their busi- 
ness as such. 

No drinking § 300. That every keeper of a drinking house or shop, 


ot ; 
vere cpiita: Where spirituous or vinous liquors are kept for sale by the 


ous or vinous 


liquors arekept ZlaSs OF drink, who shall allow the same to be kept open,, 
or shall sell, or permit to be sold, any vinous or spirituous 


Penalty. liquors on the Christian Sabbath day, shall be fined such 
sum as the mayor may impose, not exceeding fifty dollars. 
No sportsor ' § 301. That no sports, public exercise, or exhibitions, or 


gamesexhib- ames of any kind shall be allowed on that day, under 
such penalty as the mayor may impose, not exceeding fifty 
dollars. 

Billards, ten- § 302. That any owner or keeper of any billiard table, 

pinsand public, : : 

amusements nine or ten pin alley, or any other place of public amuse- 

forbidden. ment, who shall keep or permit the same to be kept open 


SHOWS, THEATRES, EXHIBITIONS, &C. 175 


for use or amusement on that day, shall be fined in such Penalty. 
sum as the mayor may impose, not exceeding fifty dollars. 
§ 303. That no person shall buy any goods or thing's Shall only pur- 
“ ; ‘ » chase necessa- 
whatever on that day, except in cases of sickness and for ries. 
the necessaries of life, under such penalty as the mayor Penalty. 
may impose, not exceeding fifty dollars. 
§ 304. That no wagoner, carter, drayman, driver, or Ser- No drivsr shall 
° A load or unload 
vant, shall, with his cart, dray or wagon, load or unload cart, dray, &e., 
ee : : acaq OF drive sheep, 
any goods, wares, merchandise or produce, or drive horses, horses, cattle, 
wae &, 
cattle, sheep or swine in any part of the city on that day, “° 
(except in case of necessity) under such penalty as the 
mayor may impose, not exceeding fifty dollars. 
§ 305. That if any person shall disturb any congregation Plapclor seen 
4 Ship shali not pe 
of people lawfully assembled at any church, or public place disturbed. 
of worship, to perform divine service, 
Or shall at any time cause any riot or disturbance in any Penalty. 
of the churches or public places of worship, of any sect of 
religion within the city, he shall be fined such sum as the 
mayor may impose, not exceeding fifty dollars. 
§ 306. That barbers may keep open their shops on that Barbers may 
. D eep open un 
day until 12 o’clock at noon, and not after, under such pen- 12M. 
alty as the mayor may impose, not exceeding fifty dollars. 
§ 307. That the provisions of this ordinance shall not Not to apply to 
: . por vesels arriving 
apply to steamboats or vessels, or railroad trains arriving or departing. 
or departing on that day. 
Nor to ice houses, livery stables, fruit or melon stores or Nor to ice 


houses, livery 


stands, nor to milk carts furnishing the usual supply of stables, milk 


carts, gas- 


milk to families, nor to gas works, nor to newsboys deliver- works news- 


ing papers, nor to bathing establishments. pe peer 


CHAPTER XXXIII. 
SHOWS, THEATRES, EXHIBITIONS, &c. 
An Ordinance to regulate Shows, Theatres, Exhibitions, &c. 


§ 308. Be it ordained, That it is not lawful for any person Unlawful to ex- 
pants . : hibit theatrical 
to exhibit any theatrical or any equestrian performance, or equestrian 


; LL performance, 
panorama, diorama, or paintings, or any rare Or UNCOMMON Ke. 


animal, or person, or any rope dancing, or feat of strength 


176 


Or public balls. 


Or street musi- 
cians to perform 
without license. 


Mayorand pres- 
idents of two 
boards to deter- 
mine tax. 


Police shall at- 
tend all such 
performances. 


Shall be admit- 
ted free. 


At request, 
mayor may ap- 
point four police 
officers to at- 
tend. 


Duties of such 
ofticers. 


Penalty. 


ORDINANCES. 


or agility, or any performance or show where the public 
are admitted for money or reward, nor to have or hold any 
fancy, or masquerade, or public ball, where the public are 
admitted for money or reward. 

Nor for street musicians to perform upon any musical 
instrument in any street of the city, for money, unless they 
shall have a license fixed by the mayor and the presiding 
officers of the two boards, under such penalty as the mayor 
may lnpose, not exceeding fifty dollars. 

§ 309. That the mayor and the presiding officers of the 
two boards shall assess the tax to be paid for such license, 
and the length of time. 

§ 310. That at least one of the police officers shall attend 
all such performances and exhibitions, and preserve good 
order. 

And the person having such license shall admit him free 
of charge, under such penalty as the mayor may impose, 
not exceeding fifty dollars. : 

§ dll. That the mayor, at the request of the managers 
of any theatre, may appoint four police officers to attend 
the theatre every night of performance, who shall be paid 
by the managers for their services, and whose duty it is: 

To preserve strict order and decorum within the theatre. 

To arrest and eject from the theatre any person who 
may be creating riots or disturbing, either by loud and 
boisterous talking, whistling, swearing, or hallooing, or any - 
ungentlemanly or indecent acts or conduct. 

And they are vested with full power and authority to 
call upon any person to assist or aid them in the peform- 
ance of their duty. 

§ 312. That any person guilty of any of the acts pro- 
hibited by the last section shall be fined such sum as the 
mayor may impose, not exceeding fifty dollars, and when 
arrested by the police may be required to give good secu- 
rity for his appearance before the mayor, on that or the 
next day, and in default thereof may be committed to the 
city prison. 


STREET RAILROADS. 16% 


SE 


CHAPTER XXXIV. 
STREET RAILROADS. 


An Ordinance to regulate the building of Passenger Railways in the city 
of Mobile, and their uses. 

'§ 313. Be it ordained by the mayor, aldermen and common Passenger rail- 
council of the city of Mobile, That whenever, hereafter, any desing to con- 
company or corporation shall desire to construct a railway fey peeaner ak 
for the conveyance of goods or passengers along any of the *hotes- 
streets of this city, they shall be required to petition the 
corporate authorities for the privilege, stating the street 
along which they desire to build such road, and the points 
between which they desire to build the same. And if they 
do not commence to build within six months from the time 
of obtaining permission, the corporate authorities may 
grant the privilege to others; and if, after commencing Road must be 
the company shail for two years leave any part of the road ae vine 
uncompleted, or decline to complete any part of Such road, 
then, as to the part of the road so uncompleted, the corpo- 
rate authorities may grant to others the privilege of build- 
ing and using the part of the road so uncompleted. 

§ 314. Be it further ordained, That whenever permission Au tracks must 
: ‘ be laid under 
shall have been obtained, the company or corporation shall direction and 
proceed to lay the track along the centre of such street, porate authot- 
unless otherwise authorized, complying with the surveys, "°* 
regulations and gradients that are now, or may hereafter 
be adopted by the city, and shall use such rail as the com- 
pany and corporate authorities may determine on, and 
shall so lay the same as to furnish no greater obstruction 
to the free use and enjoyment of the street than the speci- - 
men rail now in the office of the city engineer, and at a 
gauge of five feet two and a half inches, which shall be 
certified to by the city engineer and shall be filed in the 
city clerk’s office, before any cars shall be allowed to run on 
said road; and shall build and keep in repair all bridges, They shallbuild 
we 3 and keep in re- 
turn-outs, water-ways, &c., crossing the track, paving or pair all bridges, 
shelling the track between the rails, and for three feet on ““™°"™ < 
the outside of each rail, as may be determined by the city 


23 


175 ORDINANCES. 


Penalty. at any time; and should any company or corporation 
violate any of the provisions of this section, the company 
so violating the same shall be liable to such penalty as the 
mayor may impose, not exceeding fifty dollars for each and 
every day they shall be proven to have violated the same 
after due notice given by the city engineer. 

Company may § 515. Be it further ordained, That such company or cor- 

suis bur out poration shall and may make such turn-outs and sidings 

“ipa for enabling the cars, when traveling in opposite directions, 
to pass, as the business of the road may demand, and shall 
be empowered to use and run aS many cars as they may 
think proper. 

Mustemployso. § 316. Be it further ordained, That such company shall 


ber, careful 


drivers, andnot employ careful, sober and prudent drivers, who shall not 

et aera run the cars at a speed greater than six miles an hour, and 

ye dee shall use all exertions to avoid collision, giving due notice 

Penalty. to the drivers of other vehicles to prevent the same, and 
any infraction of this section shall be punished by a fine 
in such sum as the mayor may impose, not exceeding fifty 
dollars; but this fine shall not exempt the company from 
the penalties and responsibilities of such violations or acts 
committed by their drivers. 

Tivee ust § 317. Be it further ordained, That it shall be the duty of 

give way 0s, the driver of any car to give place or stop to allow any 
cart, carriage, dray, or other vehicle to cross the road, 
provided the same be traveling along any of the streets 
crossing the road. 


Horse power § 318. Be it further ordained, That said company or com- 
omy wltbe panies shall use no other motive power, unless specially 


permitted, for the conveyance of passengers and freight, 
than horses and mules, and that whenever it shall be ne- 
cessary to attach two horses, they shall be driven abreast. 
Shallrunecars § 319. Be it further ordained, That it shall be the duty 
on week days 
and on Sundays Of Such company to run a car on week days at least as 
at certain hours Often as every hour, from 7 o’clock A. M., to 9 o’clock P. 
M., and oftener if required by the corporate authorities ; 
and that they shall not be required to run at all on Sun- 
days, except between the hours of 9 o’clock A. M., and 
2 o’clock P. M., nor between these hours shall they be re- 
quired to run oftener than once an hour. But this section 
shall not be construed to prevent trips at shorter intervals 
during the whole night, should the company so desire ; 


STREET RAILROADS. 179 


and said company shall not demand nor receive more than Rate of fare. 
cents for fare between any two points on the road ; 

Provided, however, that one fare may be collected from each 

passenger going and another fee from each passenger re- 

turning ; and for every violation of this section, such com- Penalty. 

pany shall be subject to such fine as the mayor may im- 

pose, not exceeding fifty dollars. 

§ 520. Be it further ordained, That every car on each Shall havenum 
road shall have the number of the car painted on each side, Bota tate 
in such place and manner as shall be plainly seen, and ths at night. 
shall carry at night a lamp in front and rear, with the 
number thereon, and shall be fully and properly lighted 
inside, under such penalty as the mayor may impose, not Penalty. 
exceeding fifty dollars. 

§ 321. Beit further ordained, That any company building Company shall 
a road, shall obtain the necessary lines and grades from cial pewnee font 
the ihe engineer, and shall be liable to a fine in such sum “Y 2°" 
as the mayor may impose, not exceeding fifty dollars, for 
any violation of this section. 

§ 322. Be it further ordained, That if any company shall If cars are not 
refuse or neglect to run sai cars, as provided by this of three months 
ordinance, for a period of three months, then the corporate Ma neha high 
authorities of this city shall rent the same, at public out- °° “4 
ery, for the account of the company, for a period of twelve 
months, and if the same should not be rented, but should 
be idle for a perid of twelve months, then the said authori- 
ties may have the same taken up, the materials and furni- 
ture sold to the highest bidder, and after deducting the 
expense of taking up the road, selling the same, and re- 
pairing the street, the balance, if any, shall be paid to the 
legal representatives of said company. 

§ 323. Be it further ordained, That if any person shall smoking in cars 
smoke in any car of any city a or otherwise in any ?*°"”*** 
way improperly conduct himself or herself, he or she shall penalty. 
be liable to such fine as the mayor may impose, not exceed- 
ing fifty dollars, for each and every offence. 

§ 324. Be it further ordained, That it shall not be lawful Cars not to stop 
for any driver or conductor of any passenger car on any of nitsetnroan aie 
the city railroads to stop their cars so as to obstruct the ™®* 
streets intersecting the line of the railroad; nor shall they 
obstruct the foot crossings of the street, but it shall always 


be their duty to drive beyond the intersecting street and 


180 ORDINANCES. 


Penalty. the crossing before stopping, under such penalty for each 
violation of this section as the mayor may impose, not ex- 
ceeding fifty dollars. 

Rights granted  § 325. Be it further ordained, That no privilege or author- 

interfere ante ity herein granted shall be so construed as to interfere with 

ea veg ramet the operations of the fire department of the city, but in all 

peices instances, in case of fire, the use of the streets where rail- 
road tracks are laid, shall be subservient to the necessities 
of the fire department. 

Conductorand § 326. The conductor and driver of each car shall keep a 


ernbatwaten Vigilant watch for all vehicles and persons on foot, especially 


to prevent ac- children, either on the track or moving towards it, and on 


RL Ser Epon the first appearance of danger to such vehicles or persons, 
Re of the car shall be stopped in the shortest space and time possi- 
ble. The conductor shall not, under any circumstances, 
allow ladies or children to leave or enter the cars while the 
Penalty. same are in motion; and for the violation of this section, 
. such fine may be imposed as the mayor, in his discretion, 

may think proper, not exceeding fifty dollars. 
Right reserved  § 327. Be it further ordained, That the corporate authori- 
eo fmze ™'S ties reserve the right to alter or amend the foregoing ordi- 


nance, whenever circumstances may require it. 


STREETS. 181 


CHAPTER XXXV. 
STREETS. 
An Ordinance regulating Streets. 


ARTICLE I. TO ESTABLISH, OPEN AND REPAIR STREETS, 
‘¢ II. REGULATION OF STREETS. 
“« Ill. SHELLING AND PAVING STREETS. 
‘6 IV. REGULATION OF SIDEWALKS. 
«© y, CITY ENGINEER. 
‘¢ VI. STREET COMMISSIONER. 


ARTICLE I. 
An Ordinance to establish, open and repair Streets. 


§ 328. Be it ordained, That upon the written application vpon written 
of the owners of at least one-fourth in quantity of the onetomeh ine 
property through or over which any new street, or any hroemeh et 
alteration, improvement or repair is desired. to be made in pe snened al 
existing streets, or where any water shall settle or stand, [4'ec: & zepair- 
one-fourth of the owners of property adjoining such place ™y be made. 
shall petition the city to drain such place, the mayor shall Aavertise- 
give thirty days’ notice of such application, in the official ™°"” 
journal of the city, calling on all persons interested therein 
to signify their objections thereto. 

The city engineer shall then investigate and ascertain as Surveyor's 
near as practicable the probable cost and expense of the “""** 
work petitioned for, and inform the mayor thereof. 

At the expiration of the time given in the notice, the Mayor's duties. 
mayor shall report the probable expense to the two boards, 
together with what he has done, and submit any objections 
that may have been filed. 

§ 329. That if the mayor, aldermen and common council rf directed, 
shall ordain that the work be done, the mayor shall then 723°°* 
cause one of the police officers to summon. a jury of twelve 
citizens to assemble at a given time and place, of which 
notice shall be given in the official newspaper. At the Assess. 


appointed day the mayor shall impannel a jury, to assess 


_ ORDINANCES. 


’ the amount that the different pieces or parcels of the adja- 


Form of. 


Advertise- 
ments for pro- 
posals. 


Contractor give 
bond. 


How paid. 


Where the 
street termi- 
nates in the 
water. 


cent property shall contribute and pay to make up the 
amount of the probable cost and expense, in form as 
follows : 

We, the jury impanneled to assess the amounts to be 
paid for (opening of or repairing Dauphin) street, do find 
that the costs of the (repairs) will be (five hundred) dollars, 
and we assessthat A.B. shallpay - - - $100 00 
B. C., executor of C.B., - + - EMT poe 100 00 
The vacant lot on the north side of Dauphin, 

between Cedar and Warren streets, commenc- 

ing 100 feet from Warren, then running east 

55 feet, with a ite of 110 feet, the owners 

pWeatai - - - 100 00 
The president and flinsbtols of the Bank of Mobile, 200 00 

MOBILE, 18 

A. B., and eleven others, 
(the twelve signing.) 

Which shall be recorded by the city clerk, and a certified 
copy thereof by the clerk shall be a sufficient warrant for 
the tax collector to collect the said assessments, in the 
same manner as the taxes on real estate are collected. © 

§ 330. That after the assessment shall be made the 
mayor shall advertise in the official newspaper for 10 days 
for sealed proposals to do and complete the proposed work ; 
on such proposals coming in, the mayor shall determine 
which is the best. 

The contractor whose proposal shall be accepted, shall 
give bond and security in double the amount of the con- 
tract for its faithful performance, and he shall not receive 
any money from the city, but shall be wholly paid as the 
work progresses, from the money collected from the assess- 
ment in the last section. 

§ 331. That where the alteration, improvement, or open. 
ing of the street terminates on the water or extends by the 
bank thereof, that a sufficient bulkhead or abutment shall 
be made of square and sound timber, not less than 12 inches 
square, to be secured with braces and iron fastenings, and 
so made as to carry off the water from the street, and shall 
be kept in repair by the owners of the property benefited 
by the improvements, alterations, or openings. 


STREETS. 183 


That all streets and extensions of streets now opened 1! streets now 
and laid off in the city, however or whoever made by, are olared Bevtid 
hereby declared to be public streets, subject to be regulated 
and disposed of only by the city authorities. . 

§ 332. Whenever the corporate authorities deem it expe- Corporate an- 
dient to open any new street, or make any alteration, im- einen 
provement or repair in any existing street; or grade, pave “"°*" 
or shell any street at its own expense, as provided by the 
charter, it shall be the duty of the city engineer to ex- Duty of city 
amine into and report to the boards the probable expense” 
of the proposed opening, alteration, repair, paving, or 
shelling any street, and if after such report has been made, 
said boards then deem it expedient to have the proposed 
work done, they shall so direct by resolution, approved by 
the mayor, and pass the necessary appropriation to pay for 
the same. 

Said work shall be done under the direction and to the Weebtabe 
satisfaction of the mayor and street committee. ete ae of 


street com- 
mittee. 


ARTICLE II. REGULATION OF STREETS. 


§ 333. Be it ordained, That no person shall lay pipes of Pipes, how laid 
iron, lead, or other metal, or of wood, for conveying water, or ™ “"° “"°°: 
for any purpose, in any of the streets of the city, nearer 
to the centre of the street than four feet. | 

That no person shall destroy or remove the bolts or other Bolts, &c.. not 
marks, indicating any lines of the streets. 

§ 334. That no person shall erect, rebuild, or enlarge any No building or 
house, building, or fence fronting on any street in the city, erected unless 
unless he shall have called on the city engineer to desig- Gaentlines 
nate the line of the street. 

And any house, building or fence, which may be placed Declared a 
so that it encroaches on the street, is a nuisance, and shall eae 
be removed back to the proper line of the street. 

§ 335. That it is not lawful for any person employed in Materials how 
pbuilding or repairing any house, store, or other building, "°°" 
to lay or place bricks, boards, timber, or any material for 
building, in the streets so as to occupy more than one-third 
of any street. 

§ 336. That no person shall obstruct nor incumber any No cotton &c., 
street in any way, nor throw nor deposit in any street or to ibs epoalesil 


i in the street. 
gutter, ditch or drain, any cotton, lumber, firewood, cart, 0" *"" 


184 


No earth to be 
dug. 


No earth to be 
taken from any 
street. 
Penalty. 


Tf fails. 


Nor to injure 
any tree. 


Tf surface of 
the earth be 
disturbed must 
be left in same 
condition. 


Penalty. 


ORDINANCES. 

dray, wagon, or any article, nor any hay, straw, dung, 
kitchen stuff, broken glass, parings, or bits of leather, pa- 
per, or cloth, nor any shavings or chips, nor any kind of 
filth or trash whatever. 

Nor dig, nor haul, nor carry away, any earth or materials 
of any kind from any street, nor from any ditch opened or 
excavated. 

And if any person digs or nets away any earth or ma- 
terials from any street, as herein prohibited, he shall, in 
addition to the fine for such offence as may be imposed by the 
mayor, which shall not exceed fifty dollars, be required to 
return the earth, or materials, so removed, to the place 
from whence taken, and if he fails or refuses to do so, he 
may be fined in such sum as the mayor, or acting mayor 
may impose, not exceeding fifty dollars, for each day’s 
failure or refusal. 

No person shall cut, fell, break, strip off the bark; or 
damage in any manner, any tree, or tie any animal there- 
to, which is planted in any walk, square, street, road, or 
public way. 

§ 337. It shall be the duty of any person, company or 
corporation, having the privilege of disturbing the surface 
of any of the streets, for any purpose, to leave the same in 
like condition as before disturbance, by filling and packing 
the earth so as to produce a level surface; and for any 
violation of this provision of the ordinance, they shall be 


“subject to such fine as the mayor may impose, not exceed- 


Nor injure any 
oe plate, 


Nor permit any 


erection to re- 
main which 
mayor directs 
to be removed. 


Nor haul so as 
to drag the 
street. 


How to plant 
trees. 


ing twenty dollars, for each and every day’s violation 
thereof. 
Nor pull down, remove, nor deface, injure, or destroy any 


_ board or plate indicating the name of any street. 


Nor permit any wall, house, or other building or erec- 
tion, to remain standing, if the mayor notifies him that he 
is of the opinion that they are liable to fall and endanger 
the lives of persons passing. 

Nor haul, carry or transport through any street of the 
city any timber, lumber, or any other article, in such man- 
ner that any inte: thereof shall drag upon or touch the 
street. 

Nor plant any trees in the street, unless they are placed 
on the outer edge of the sidewalk, and not more than eight 
inches within the line of the curb-stone. 


STREETS. 185 


Nor shall erect any building, sheds, or inclosure of any Nor erect any 
kind, east of Front street, on the west side of the river. onat of Bont 

§ 338. That there shall be placed the name. or sign of Sasnd-of sitet 
each street, in legibly painted letters, on one of the corners °° "°°" 
at the intersection of each street, north of Charleston, east 
of Broad, and south of Hunt streets, including these 
streets, upon a conspicuous place. 

That Front street shall be of the width of seventy feet, Width of Front 
measuring from the building on the west side of the street, pics 
sixty of which shall be used as a roadway for vehicles. 

§ 359. Be it ordained, That on and after the passage of 
this ordinance, it shall be the duty of the mayor to employ 
some competent person who, under the direction of the 
city engineer, shall number each house and. vacant lot in 
the city of Mobile, so far as the same may be practicable. 

Thatit shall be the duty of the person so employed to take Person em- 
Dauphin street as the base starting-point for numbering Bae tases and 
all houses and vacant lots on streets running north and ie 
south, and the Mobile river as the base of streets running 
east and west. 

§ 340. That the person so employed shall be required, Houses and lots 
within a reasonable time after his or their employment, to ‘??°"™™"" 
affix the proper number.on all houses and vacant lots front- 
ing on any street in the city of Mobile, for which the per- Fee. 
son so employed shall be entitled to demand and collect 
from the owner or owners of any house or vacant lot the 
sum of fifty cents as his compensation for the proper num- 
ber so affixed. 

If any person shall refuse to pay the fee required, or pre- Penalty. 
vent the affixing of the proper number, he shall on complaint 
be fined in such sum as the mayor may impose, not exceed- 
ing twenty dollars. 

§ 341. That it shall be the duty of the person or persons Furnish engi- 
employed to do the numbering, to furnish the city engineer 3; onnee 
with the numbers and names of the owners of houses or 
lots as fast as the same shall be ascertained by him. 

§ 342. That the person or persons employed as aforesaid, Under direction 
shall be under the direct supervision of the city engineer, a al 
and shall be by him when, in his judgment, the person em- 
ployed shall refuse or fail to execute the provisions of his 
contract in good faith, reported to the mayor. 

24 


186 


Name of street 
to be placed on 
street lamps. 


One-third of 
owners may 
petition. 


Boards may 
direct. 


Work done un- 
der supervision 
of street com- 
missioner. 


He shall report 
cost. 


Mayor and city 
engineer shall 
assess. 


He shall certify 
to tax collector. 


Form of. 


ORDINANCES. 


§ 343. All public street lamps shall have the name of the 
street painted in a conspicuous manner on the side which 
faces the street or streets on which they are placed, which 
shall be done at the expense of the city, under the direc- 
tions of the mayor. 


ARTICLE III. SHELLING AND PAVING OF STREETS. 
An Ordinance to provide for the Shelling and Paving of Streets. 


§ 344. Be it ordained, That whenever the owners of at 
least one-third in quantity of real estate fronting on any 
street, shall in writing petition for the shelling or paving 
of such street within the city, it shall be lawful for the 
mayor, aldermen and common council to order such street 
to be shelled or paved. 

§ 345. That the work shall be done in such manner as the 
mayor may direct, under the especial supervision of the 
street commissioner, and it shall be the duty of the city 
engineer, before the commencement of the work, to furnish 
the proper grade of the street to be shelled or paved. 

§ 346. That when the work is completed, the city engineer 
shall ascertain and report to the mayor the expense of it. 

That then the mayor and the city engineer shall assess 
the proper amount to be paid by each owner of property, 
(or piece of property when the owner is unknown) fronting 
on the street where the work has been done. | 

They shall certify the assessment to the city tax collec- 
tor and the certificate shall be full authority for said tax 
collector to collect the assessment. 

It shall be in the following form : 


STATE OF ALABAMA, 
y] 
Crry oF Mositz. § ayor’s Office. 


To the Tax Collector of the City of Mobile: 


The city engineer having reported to the mayor of the 
city of Mobile that the expenses of (shelling or paving on 
street) amounts to five hundred polars, 
We assess that A. B. pay, - - - $100 00 
3 ef C4) dulkpe aha niliodcnigatil of the estate 
of C. D., - - . - - - - - 5000 


STREETS. 187 


We assess that vacant lot on north-west corner 


and , with front of 55 feet and 
depth of 110 feet, - - - . . - - 6000 
We assess that E. F., | - . . . . - $300 00 


And the tax collector is commanded to levy of the goods 
and chattels, lands and tenements of the said persons, and 
to attach and sell the said lots to make the said several sums 
of money and costs, and that he have the money in the 
office of the city treasurer of Mobile, on or before the 
day of 186 . 
J. M. WITHERS, Mayor. 

Given at Mobile this 
day of 
P. J. PILLANS, 
City Engineer. 

§ 347. That it shall be the duty of the tax collector to Tax collector's 
collect without delay the several amounts assessed in the “"™ 
same manner and with the same authority as he has in col- 
lecting the ordinary tax on real estate, and be entitled to 
the same compensation. 

§ 348. Be it ordained, That no person, upon any pretence, No diteh to be 
- shall cut any ditch across or along any of the public streets witheat Berets 
in the city, unless leave be specially granted by the cor-™*°™ 
porate authorities. 

That when such leave may be granted, such ditch shall When granted 
be well barricaded, and guarded during the time it may be °°"? &""™°" 
necessary to remain open. 

§ 349. It is not lawful for any person to carry or cause to No burning 
be carried, in the streets, any burning coals, or brands, oa he aie * 
unless the same be inclosed in a covered vessel. hee 

§ 350. That the street commissioner, under the order and Names to be 
direction of the mayor and street committee, shall from pets oa thio 
time to time, at their discretion, be required to place on *”°** 
one of the corners at the intersection of each street, the 
name of each street on some conspicuous point on the 
corner in legibly painted letters; and that any person who Penalty. 
shall pull down, remove, deface, or destroy said name or 
sign, shall be fined in such sum as the mayor may impose, 
not exceeding fifty dollars. 

And it shall be the duty of the mayor and street com: Mayor to have 


names placed 


mittee, as early as practicable after the passage of this on certain 


streets as early 


ordinance, to place the names of the following streets on 4s practicable: 


188 ORDINANCES. 


the corner of each intersection, as above provided for, - 
to wit: Charleston, Augusta, Savannah, Selma, Elmira, 
Texas, Montgomery, Davis Avenue, Washington Avenue, 
Beauregard and Manassas streets, the names of which 
were fixed by ordinance, approved August 16th, 1861. 
Not to obstruct .§ 351. No person shall obstruct, embarrass or incumber 
maywey any street or sidewalk with cotton, lumber, fire-wood, 
carts, drays, wagons, goods, wares or merchandise, or any 
article. Nor drive any horse, cart, dray, wheelbarrow or 
carriage over the sidewalk, (except to cross it to enter the 


lot.) 

No auction. Nor sell or offer for sale at public auction or outcry in 
the streets or on the sidewalk any horses, cattle or live 
stock. 

Nor expose Nor expose for public or private sale in the streets or on 


Sage the sidewalks, any goods, wares or merchandise, without 


the consent of the mayor. 
Nor erect gates. Nor to erect gates to open on the street, nor permit 
them to remain when erected. 


ARTICLE IV. ‘REGULATION OF SIDEWALKS. 


Tobemadeand § 002. Be it ordained, That the owner or claimant of 
kept in repair > 

pyowneror eVery lot of ground shall make or cause to be made and 
ye ane keep in repair a sidewalk or pavement to the whole extent 


and front of his. property. 


Width. Upon every street and exclusive of the gutter, 
Over thirty and under forty feet wide, - - six feet 
Over forty and under sixty feet wide, - eight feet 
Over sixty and under one hundred feet wide, -. ten feet 
One hundred feet wide, - - - - fifteen feet 
Grade, According to the level slope and graduation to be furnished 


by the city engineer. 

Material in fire That the materials used within the fire limits shall be of 

yar whole hard. bricks or stone flagging of good quality, and 
for making bank-heads shall be of stone four inches thick 
throughout and fifteen inches deep, and not less than three 
feet long with hewn sides so as to form close and fair joints, 
and present fair surfaces and a proper level at the top. 

And the portion before gates for the passage of carts or 

other vehicles ‘shall be paved with stones or brick, laid 
edgewise. 


STREETS, 189 


§ 353. Outside of the fire limits and upon every square Not in fire 
on which there shall exist more than one building, the side. ™"* 
walk may be made of sand or any material capable of being 
smoothed and made hard. It shall be made _ sloping 
towards the street in such way that the water may not 
remain on it, that the bank-heads shall be of stone or pine 
stuff not less than three inches thick and fifteen. inches 
wide, and there shall in all cases within and without the 
fire limits be a proper covered gutter across the sidewalk, 
to lead the water from the yard or lot into the streets. 

§ 354.-That no veranda or balcony attached to any No erection — 


building shall be erected at a less height than twelve feet, watk less than 


12 feet hig 
nor any gallery, awning, sign or other projection attached are tate a 


to any building shall be erected at a less height than nine {o.7grsess 
and a half feet above the sidewalk, 

Nor extend over the street more than the width of the Nor to extend 
sidewalk in front of the building. ire er 

The posts or columns to support the verandas and bal- Posts and 
conies shall be composed of iron, and placed on a line °’"™"* 
within four inches of the outer line of the curb of the 
sidewalk. 

Nor shall any other projections be so constructed as. to Other pro- 
be supported by any posts or pillars erected in the street eae 
or on the sidewalk. Nor shall any other posts or pillars be No posts or 
erected in the streets or on the sidewalks, (except tempo- die soak A> 
rarily while building) but those used to support the tele- 
graph wires, and for gas-lights, and iron posts placed on How placed. 
the outer edge of the sidewalks to tie horses to, which 
shall not be less than four feet nor more than five feet high, 
under penalty of fifty dollars. Penalty. 

Nor to permit any walls, houses or other buildings that Nor permit 
are ina broken or ruinous condition, liable to fall or en- wares to 
danger the lives of persons passing by, to remain or other. °""™ 
wise obstruct any sidewalk. 

§ 355. That no engine, hose cart, or hook and ladder ear- Engine, hose, 
riage, shall be run on the paved sidewallc of the city, ex- reper pe 
cept in the immediate vicinity of the fire. Pa thea 

And all posts or pillars now standing, not composed of Posts or pillars 
iron, in compliance with this section, td declared a nui- waste Sip 
sance, and shall be abated. en, 

§ 356. That all persons tenants of houses, yards, lots or To be swept 


day 
grounds fronting on any street, shall sweep or cause to be before ten. 


190 


Trees to be 
trimmed. 


Duty of police 
ofticer when 
owner of nui- 
sance is 
unknown. 


Proceeds, how 
disposed of. 


Injury to walk 
to be repaired. 


If minor, ap- 
prentice, or 
animal, 


When owner is 
unknown. 


Owners of 
buildings to 
keep gutters in 
repair. 


Water to be 
earried off 
through cover- 
ed drains. 


ORDINANCES. 


swept, and to clean or cause to be cleaned, that part of the 
sidewalk that lies before their premises, every day, before 
ten o’clock in the morning. 

§ 357. That where any tree is growing or standing on 
any sidewalk, and any branches or boughs extend over the 
sidewalk or street, that the owner, or in his absence, the 
tenant, at the expense of the owner of the lot before which 
such tree stands, shall cause it to be trimmed to the height 
of twelve feet above the sidewalk. 

§ 358. That when any article is found obstructing or 
ineumbering the sidewalks or streets of the city, and the 
owner is unknown, any police officer, under the direction 
of the mayor, shall cause such obstruction to be removed ; 
if of value, to be taken to some place of safety, to be held 
five days; at the expiration of that time it shall be sold, 
after giving three days’ notice in the official newspaper, of 
the time and place. 

The proceeds shall be paid into the city treasury, after 
deducting the expenses and costs, and if the proceeds are 
not called for by the owner within sixty days, it is forfeited 
to the city. 

§ 359. That every person who shall injure any sidewalk or 
gutter, shall cause the same to be repaired within twenty- 
four hours thereafter. 

If the injury or damage be committed by a minor or 
apprentice, or by any animal, the father, guardian, minor, 
or owner shall be bound to eause the repairs to be made 
at his expense, and shall pay the fine, and if the owner of 
the animal is unknown, such animal may be taken by any 
police officer, as is provided for the disposition of articles 
found obstructing or incumbering the sidewalks or streets, 
and shall be disposed of, as is therein provided. 

It shall be the duty of owners of buildings within the 
fire limits to keep all the gutters overhanging sidewalks, 
and the pipes and conduits leading therefrom to the side- 
walk in good repair, so as to prevent water from falling on 
the sidewalk, and the water passing through such pipes 
or conduits, shall be conveyed to the street through drains 
over or under the sidewalks. y 

Nor shall any water or drain from yards or lots be per- 
mitted to run over the surface of any sidewalk. 


STREETS. 191 


§ 360. The owners of property at the intersection of Stone crossings 
streets within the fire limits, shall lay stone crossings of ern wba ben 
street gutters from the sidewalks to the streets of proper “"" 
length and height to permit the free and unobstructed 
passage of the water, and such stone crossings shall be of 
the width of the sidewalk to which they are connected. 

The sidewalks on all the streets shall be of even and sidewalks to be 
uniform surface, and of a width proportioned to the width gine” 
of the street as defined in this ordinance, and shall slope 
uniformly from the inner to the outer edge, so as to carry 
off the water, and the fall or slope and width of each side- 
walk shall be as provided in this ordinance; and it shall 
be the duty of all owners of lots, to have the sidewalks 
in front of their property to conform to this ordinance as 
soon as practicable, and to repair all broken and uneven Water not to 
surfaces so as to prevent any water from standing on the = eg 
sidewalk. And if any person shall fail or refuse to comply Penalty. 
with any of the provisions of this ordinance within a 
reasonable time after such notice, as may be prescribed by 
the mayor, he shall be fined for each day’s failure or refusal 
in such sum as the mayor may impose, not exceeding fifty 
dollars. 

§ 361. All entrances to alleys, yards, lots or door-ways Entrance to 
across street gutters shall be by bridges or covered ways shail be bridged 
which shall be made of iron, stone or brick within the fire Watcs. itn 
limits, and outside of the fire limits may be made of wood, 
and in all cases must be so constructed as not to interfere 
with the drainage of the streets, or the grade of the street 
or sidewalk. 

§ 362. For any violation of any of the provisions of the streets. 
ordinances regulating streets and sidewalks, or the failure 
or refusal to perform any duty enjoined therein or doing 
any act therein prohibited, the party shall be fined in such 


sum as the mayor may impose, not exceeding fifty dollars. 


ARTICLE V. CITY ENGINEER. 


§ 363. Be it ordained, That the present term of the city city engineer, 
engineer expires on the first day of January 1869, and 2°” “°° 
that at the annual municipal election for-that year and for 
every three years thereafter, there shall be elected by 


192 


Office and office 
hours. 


His duties. 
Records and 
maps. 


Shall report. 


Reports. 


Shall make 
maps ana field 
notes, and keep 
in a book. 


Ascertain size 
of lots and 
squares, 


No record but 
of actual sur- 
veys. 


Shall mark out 
all streets, &c. 


Survey all 
lands. 


Ascertain the 
grades of 


streets and con- 


tinue them. 


ORDINANCES. 


the convention some competent person who shall be 
called the city engineer. He shall give bond in such sum 
and receive such salary as the corporate authorities may 
from time to time determine. 

§ 364. He shall have his office in the municipal build- 
ings, which he shall keep open every day, except Sunday, 
from 9 o’clock A. M. until 3 o’clock P. M. unless engaged 
at his official duties. 

He shall safely keep there all records and maps pertain- 
ing to his office, subject to the inspection of the mayor or 
any of the aldermen or common council; such records and 
maps Shall remain and be the property of the city. 

He shall report to the mayor all houses, walls or build- 
ings in a broken or ruinous or other condition, which are 
liable to fall and endanger the lives of persons passing in 
the streets. 

And whenever required he shall report to the mayor, 
aldermen or common council, information on all subjects 
pertaining to his office; when any contract for grading, 
shelling, paving or guttering any street, lane, alley or 
other property pertaining thereto, shall have been made, 
he shall be furnished with a copy, which he shall record 
in a book kept for that purpose in his office. 

§ 365. It is his duty to make full and accurate maps of 
all parts of the city, making full and complete field notes 
of them, and entered in a book kept in the office, which 
shall be open to every person, under his supervision. 

To ascertain as accurately as possible the different 
squares and lots, giving to all persons interested due 
notice, so that they may designate their property... 

He shall not record or place in the books of the city any 
map or notes, unless they shall have been prepared from 
actual survey. 

§ 366. That it is his duty to mark out all streets, lanes, 
alleys, sidewalks or foot-ways whenever the same shall 
have been ordered or accepted by or have become the pro- 
perty of the city. 

. To survey, when required, all lands belonging to or in 
the occupancy of the city. 

To ascertain as early as practicable the grades of the 
different streets in the city, and so make them that the 
graduation may be carried out under his supervision, and 


STREETS. 195 


of his successors in office, beginning in the central parts 
of the city, and extending gradually to the city limits, so 
that the whole city may be properly drained. 

To furnish the scale of graduation of all new streets, rurnish scale. 
and all streets to be paved, shelled or repaired, and to 
report to the mayor any person improperly marking out or 
graduating any street, alley, lane or sidewalk. 

To make the plans, specifications, estimates and exami- Make plans. 
nations provided by these ordinances, and whenever called 
on to do so by the mayor, aldermen or common council, and 
keep a record thereof in his office. To see that all contracts see that con- 
for making or repairing any street, lane, alley or sidewalks Risadwithes | 
are faithfully executed. 

To determine and fix all corners of streets and fronts of To fix course of 
lots, and give a certificate thereof when called on by the Fonte of lots. 
owner, who shall pay two cents per running foot to the 
surveyor therefor. 

To furnish the running lines and levels for the erection Furnish lines 
or repair of all buildings, houses, walls or fences fronting “"" “"""~ 
on any street, or for making and repairing sidewalks. 

And to provide the lines of, the streets, alleys, lanes, rines of 
fronts, sidewalks, &c., he shall take such steps for the per- “°° “* 
manent marking and defining them as he may deem advisa- 
ble, and keep a record in his office of all such marks as he 
may make, or such bolts, blocks, or bench-marks as he may 
place. 

§ 367. The city engineer shall procure, at the expense of He must pro- 
the corporate authorities, eight suitable well-bound books, books. 
one for each ward, on the back of which shall be lettered 
the name and number of the ward, and he shall cause an 
accurate plat of each square of ground divided into lots in 
each ward to be drawn and numbered in the appropriate 
ward book, in a neat and skillful manner. The plat of said shal enter 
squares and lots shall be made from actual surveys, and {feccn scuato 
the name or names of the owner of each lot in each square Fiat eae 
shall be plainly written on pages following each plat. 

That whenever any lot is sold in said city at private, proper entry to 
public or judicial sale, the purchaser shall within three ieee at = 
days after the sale, report the same to the city engineer at 
his office and cause the change of ownership to be made on 


the proper ward book, and if any purchaser or his agent Penalty. 
25 


194 ORDINANCES. f 
shall fail to make said report, within the time prescribed, 
he shall be fined in-such sum as the mayor may impose, 
not exceeding fifty dollars. 

City enzineer § 368. And it shall be the duty of the city engineer to 

records toxee ©=eXamine from time to time the records in Mobile county, 

oe cernt of and report to the mayor any purchaser who fails or refuses 
ace to make the report therein required. And in order to aid 
the engineer in making a correct record of the ownership 
of lots, heis hereby required to give notice by advertise- 
ment in the official journal of the city, for owners of property 
to produce their title deeds to lots and lands in said city, 

Penalty. or otherwise show claim or ownership thereto, and any 
owner or agent who shall fail or refuse to respond to said 
notice within a reasonable time, shall be subjected to such 
fine as the mayor may impose, not exceeding fifty dollars. 

Fees forinfor. And if any person shall apply to the city engineer for in- 

Ararat ot formation as to the ownership or dimensions of any lot, it 

ate a shall be furnished by the engineer, who shall be entitled 
to receive therefor the sum of fifty cents. 

He shall attend It shall be the duty of the city engineer to attend the 

fees, city tax collector’s sales of lands for non-payment of taxes, 


and to perform the duties prescribed in the ordinance en- 


titled an ‘‘ordinance for the assessment and collection of 


taxes and licenses.” 

Assistantmay The mayor and presidents of the two boards shall ap- 

be appointed. noint some suitable person‘as an assistant to aid him in 
making the plats, surveys, and ascertaining and recording 
the ownership of the lots and squares as provided herein, 
and do such other work in the office as said engineer may 

Salary. require of him, and such assistant shall receive a salary 
at the rate of fifteen hundred dollars per annum, payable 
monthly, until otherwise provided, by the corporate 
authorities. 


ARTICLE VI. STREET COMMISSIONER. 


Streetcommis:  § 369. Be it ordained, That there shall be elected in eon- 

sioner elected. “Vention at the annual election for the year 1867, and every 
year thereafter, a street commissioner, with the other city 

Bond. officers, and he shall give such bond, and receive such sal- 
ary aS the corporate authorities may from time to time 
determine. 


= 


STREEMS. 195 


It shall be his duty, under the direction of the mayor, Under the may- 
i exercise 3 Lo Beil hd hak reve ov to supervise 
oO exercise Immediate supervision over the streets, lanes, streets, «ec. 
alleys, sidewalks, &c., of the city, and to direct and con- And street 
7 5 force. 
trol the force, laborers, horses, carts, and other working 
power that may be provided for the working of the streets. 
To keep a correct record of the time they are employed To keep record 
\ , . of employment 
from day to day, which he shall report monthly to the city and repoit. 
treasurer. 
To keep a correct account of all implements of every de- To ing 
. . : . ; count or prop- 
scription belonging to the city, and used on the streets, erty, and report 
7 rE every three 
which may be in his custody, charge or keeping ; and make monihs. 
a report thereof at the end of every three months, account- 
ing for loss or destruction of any; and any deficiency not Accountability. 
accounted for satisfactorily, shall be charged to him, and 
deducted, by order of the finance committee, from his 
salary. 
And whenever, in his opinion, it may be necessary to re- Report as to 
. 4 bridge. 
new or erect any bridge or bridges, he shall report the same 
to the engineer, who shall make an estimate of the prob- 
able cost and expense of it, and report the same to the 
mayor. x 
He shall daily examine the streets, lanes, alleys, vacant Daily examine 
bi a Fe yy “ ; streets, &c. 
lots and sidewalks of the city, and cause them to be kept Duties. 

P Report to 
clean and in good order, and to report to the mayor all mayor. 
persons who may be guilty of violating any of the ordi- . 
nances relating to streets. 

That all work pertaining to the drainage or grading of Plans of work 
i ees ¢ to be furnished 
streets, or making or repairing of sidewalks shall be done by city engi- 
according to the plans and under the direction of the city ““" 
engineer. 
He shall remove all nuisances that may be found in the He shallre- 
. . Move rui- 
streets or on the sidewalks—and report to the mayor all sances and 
, : bury dead 
persons who obstruct the streets or sidewalks, or who animals. 
create nuisances, or who fail or refuse to remove their 
dead animals, and in case the owner of dead animals can- 
not be found, or is not known, it shall be his duty to re- 
move them to such place as may be designated for their 
deposit, and there bury them in a hole of proper depth. 
And he shall do and perform such other duties as may Ana perform 
h otl 
be from time to time required of him by the mayor and Qutiesas may 


street committee. be required. 


196 


Property and 
estate to in- 
clude. 


Real. 


Personal. 


What distinc- 
tion may be 
made i in assess- 
ing. 


License not a 
Ke 


Head tax of $1 
assessed. 


Assessor 
elected. 


ORDINANCES. 


CHAPTER XXXVI. 
TAXES AND TAXATION. 


An Ordinance to provide for the Assessment and Collection of Taxes 
and Licenses. 


ARTICLE I. ASSESSOR AND ASSESSMENT OF TAXES. 
s¢  sIK )©60 COLLECTOR AND COLLECTION OF TAXES. 
Il. ASSESSMENT AND COLLECTION OF LICENSE TAXES, 


ARTICLE I. ASSESSOR AND ASSESSMENT OF TAXES. 


§ 370. Be it ordained, That real property or estate when 
referred to in this ordinance shall include real property 
as defined in section 27 of this Code, and land, houses, 
hereditaments, permanent fixtures or attachments thereto, 
out of the city, if extended to and attached to real estate 
within the city, if by means thereof such property out of 
the city is made an adjunct to the carrying on of any 
business in the city, including water-works and gas-works 
for supply of the city. 

And personal property or estate when referred to in- 
cludes personal property as defined in section 27 of this 
Code, and all matters of a temporary or movable property 
in which a right can be had or riches consist, and income, : 
(except salary and wages for hire, which ‘shall not be 
taxed). 

§ 371. That in assessing property no distinction shall Be 
made as to persons, but may be made in the property taxed 
as shall seem meet and proper by the mayor and the 
presidents of the two boards, or the corporate authorities. 

That a license to carry on any trade, business or pursuit » 
shall not be deemed a tax on the property employed or the, 
income derived from it. 

A head tax of one dollar shall be laid and assessed on 
all male adults in the city between the ages of twenty-one 
and sixty years, 

§ 372. That at the annual municipal election once in 
three years after the expiration of the term of the present 


TAXES AND TAXATION. 197 


incumbent, there shall be elected in convention, from the 
resident free holders in the city, an assessor of taxes for 

the term of three years, who shall give bond in such sum, Term. 
and shall receive such annual salary, payable monthly, as , Bandand 
may be determined from time to time by the corporate 
authorities. 

When a vacancy occurs by death, resignation or removal Vacancy, how 
from the city, the convention shall elect a person with the 
same qualification, who shall hold office for the unexpired 
term of his predecessor. 

He shall keep his office in the municipal buildings and Duties. 
devote his entire time and attention to the duties apper- coeieigels : 
taining to his office, and shall hold the books and papers °™™""* 
relating to his office, at all times during business hours, 
open and free to the inspection of every person, and at 
the end of his term shall turn them over to his successor 
in office. 

That each municipal year he shall make a full and com- ghau make 


plete assessment of all the real and personal property in oth oar to be 


the city, which shall be completed for each ensuing muni- pra e” 
cipal year before the first Monday in February. Tera 


In order to aid him in doing this, the city clerk shall cterk shall fur. 
each year furnish him by the 15th day of December suc- tiphaveticd 

ceeding every annual municipal election, with an alpha- ¥** of voters. 
betical list of the voters in the city, who voted at the 
then last election, the names to be arranged in the wards How arranged. 
in which they voted. / 

And as each person whose name is on the list, is assessed, Note each 
he shall note it opposite to the name. © 

And every person whose name is not on the list, shall be names to be 
added thereto when he is assessed. bi he 

And on the next list made by the clerk he shall add such clerk to make 
names as appear from the assessor’s last returns, and not jj." °° 
found in the list of voters. So that each year’s returns of 
names by the assessor and the voter’s list, may aid him in 
making full assessments. 

§ 373. He shall begin not sooner than the Ist of Oc- commence ist 
tober, and as soon thereafter as practicable shall appoint Ociver'? 
in each ward in the city a time and place for taking assess- 
ments, notice of which shall be given by advertisement for Notice. 
ten consecutive days of publication in the official news- 


paper. 


Assessor's 
notice. 


All persons 
shall give their 
assessment. 


Tax collector 
shall collect. 


Assessor shall 
attend and 
assess all - 
property. 


Form. 


Ascertain all 
persons and 
property sub- 
ject. 

‘Shall compare 
assessments 
with clerks 
lists. 


Then with 
engineer. 


ORDINANCES. 
§ 374. ASSESSOR’S NOTICE. 


Notice is hereby given that on the day of 
18 ,I will attend at on Munroe street, between 
Royal and Water, between the hours of (9 A. M.) and 
(4 P. M.) to assess the property in the (5th ward) at which 
time and place all persons are required to give in their 
assessment of property. 

2. A. LEWIS, 
City Assessor. 

Mobile, 

At which time’all persons shall be required to give their 
assessments at such of the places as they please, and any 
person failing so to do shall pay the assessor fifty cents, 
which shall be collected by the city tax collector and paid 
over to the assessor. 

§ 375. At such time and place he shall attend and shall 
well and truly assess the property of every person, setting 
forth a list and description of the property assessed, (using. 
the city maps when applicable,) its value, the name of the 
party assessed and his business, in form substantially as 
follows: 


18 


NAME, BUSINESS, 


AND RESIDENCE. DESCRIPTION OF PROPERTY. VALUE. 


A. B. , Broker, Mobile, | House and lot, north side Dauphin, 
between Royal and Water streets : 
oo feet front; 110 feet deep, © -.  - 
4horses,- - - - - 
Vacant lot, south side Pas: be- 
tween Royal and Water streets : 
60 feet front; 120 feetdeep,  - - 


$5,000 
$800 
Unknown owner, 


$5,000 
He shall use all diligence to ascertain all persons and 
property that are subject to assessment, and assess them. 


When he has filled his appointment in each ward of the 
city, he shall (aided by the clerk) compare his assessment 


with the lists made by the clerk, and note all that are not 


assessed. 

He shall then (aided by the city engincer) compare the 
property assessed with a correct map of the city, and ascer- 
tain what real estate is omitted in his assessment, and shall 
assess if. 


TAXES AND TAXATION. 199 


He shall then assess all persons on the list not already Shai assess 
those not as- 
assessed, and allothers whom hecan ascertain have not been sessed. 
Risdatod: } 
And where owners are not known he shall assess the Unknown 
owners. 
same to “unknown owners.” 
In ascertaining all assessments, the property to be as- May admin- 
% . Pte ister oath. 
sessed, the owner, its value, its description, or any other 
matter within the range of the duties of assessing the 
property, he is authorized and empowered to administer 
an oath in the following form : 
I do solemnly swear, or affirm, that the list I have de- Form of oath. 
livered contains all the taxable property I have in any 
manner in my possession, within the limits of the city of 
Mobile, subject to taxation, and that I do not know of any 


other, so help me God. 
At Ds 
Subscribed and sworn to } 


before me, 
R. A. LEWIS, 
City Assessor. 


Which shall be filed in the office of the city clerk, that sap 
ith clerk 
he may ascertain the value of property subject to ASSeSS- 
ment from the oath of the person, any information that he 
may obtain, or from his own knowledge, but the only rule Cash valuation. 
of appraisement shall be the cash value of the property. 


§ 376. And if any person shall refuse to make oath as Hee oe 
UusINE tO take 
above, he shall be assessed double. That when his assess- oath masdlsed 


ment shall be complete, he shall arrange and copy alpha- When com- 


leted, shall 
betically in plain and legible hand-writing, in books to be Jopy alpha: 


provided by the city, lists of the assessments, and shall Toyo o5n. 


have the books completed and properly made up for the pif Miniay in 
inspection and use of the city authorities, on or before the *°™"y- 
first Monday in February in each year. 

That the assessment shall be returned to the city clerk Assessment to 


5 : be returned to 
as soon as compieted, not later than the first Monday in clerk. 


wih Not later than 
February, verified by the oath of the assessor as follows: eo 
February. 
THE STATE OF ALABAMA, } , = hui to. 
“orm of oath. 


MOBILE CIry. 

I, Reuben A. Lewis, assessor of taxes for the city of 
Mobile, solemnly swear that I have assessed all of the tax- 
able property, both real and personal, so far as I know or 
have been able to learn after the most diligent endeavor 


200 


Clerk shall file 
copy. 


And notif: 
mayor an¢ 
presidents. 


Mayor and 


presidents shall 


meet. 


And make an 
order of pub- 
lication that 
the assessment 
is ready for in- 
spection, and 
that objections 
may be made. 


Form of notice. 


Clerk shall see 
that notice is 
given at once, 


ORDINANCES. 


and inquiry, that I have valued the property so assessed 
and. set it forth in the tax list, according to the best of my 


knowledge and judgment. 
R. A. LEWIS, 


City Assessor. 
Subscribed and sworn to before 
me, this day, 18 
J. M. WITHERS, Mayor. 

Which shall be written at the end of the assessment lists. 

The clerk shall file the same and enter a copy of it on 
the records of the city. 

And on the day that the assessment list is filed and re- 
turned into his office he shall notify, in writing, the mayor 
and the presidents of the two boards of the fact. 

§ 377. That as soon thereafter as is convenient, the mayor 
and the presidents of the two boards shall meet and form a 
court, and assess the number of cents on the dollar to be 
taxed on the property listed and returned by the assessor. 

They shall make an order of record requiring ten days’ 
notice to be given in the official newspaper by consecutive 
publications, that the assessment lists are ready and open 
for inspection by all persons interested, and that all objec- 
tions thereto must be made within twenty days after the 
date of the first publication of the notice, and set a day 
not less than twenty days after the first publication of the 
notice for the hearing of all exceptions thereto. 

The notice may be as follows: 

OFFICE OF THE CIry CLERK, } 
Mobile, 18 

Public notice is hereby given that the assessment lists of 
taxable real and personal property in the city of Mobile for 
the year 18 have been completed and returned to the 
mayor, aldermen and common council, by the assessor, and 
are open for inspection at my office. 

All persons feeling themselves aggrieved by the assess- 
ment of their property are hereby requested to make and 
file their exceptions in my office on or before the 
day of at which time the same will be heard. 

WHITFIELD TURNER, 
City Clerk. 

And it shall be the duty of the clerk to see that the 

notice is given immediately. 


TAXES AND TAXATION. 201 


§ 378. The city clerk shall attend all meetings and record Clerk shall 
all of the proceedings of the said court throughout their ac- mactttiehy &e, 
tion on the assessment lists. 

He shall receive and file all exceptions to the assessment 
lists, and shall make a docket thereof, which he shall lay 
before the said court. 

On the day appointed for the hearing of exceptions to on the day set, 
the lists, or on such day to which the court shall continue renee daly 
such hearing, they shall meet in the mayor’s office, and Jections and 
shall take up, hear and determine each exception filed, 
and shall decide thereon as a majority of them may deem 
just and right. 

They shall distinctly and clearly state the decision made what shall be 
on all exceptions, and that all exceptions filed have been *“““ 
heard and decided, and that, save as excepted to and 
altered upon the hearing of the exception, their previous 
actions are in all things confirmed, and that the assessment 
and the number of cents to be paid as assessed by the 
court be and are fully determined as assessed and laid as 


taxes on property in the city for the municipal year. Said and ordered to 
entry shall contain an order that the action taken by the Bore tomo 
court be at once reported by the clerk to the mayor, alder- 

men and common council. 

§ 379. The clerk shall at once give the notice to the on notice, the 
boards of aldermen and common council, who shall sepa- (oavenc and 
rately convene, attended by the city clerk, and shall cause 2¢P5s 
an entry to be made reciting that they have received said yay we? 
notice and have met, and that they find the proceedings ™Y°" 
conformable to law, and that they are approved by them, 
which shall be approved by the mayor. 

§ 380. That the city assessor shall at once prepare a Assessor shall 
duplicate list of the assessment so made containing a de- pate list ob 
scription of the real property, with its valuation and the 7?" 
tax assessed and laid thereon. 

And the amount of the personal property assessed to And personal 
each person, with the tax assessed and laid thereon. ae se 

And the name of each person liable to a head tax, and And head tax. 
the amount of such head tax, and shall submit said list to 
the mayor, who shall issue his warrant in favor of the city Mayor to issue 


ep warrant to cit 
assessor on the city treasurer for one hundred and fifty assessor. 


dollars. 
26 


ORDINANCES. 


Mayor's war- 
rant to tax . 
collector. 
Form of war- 
rant. ; 


Tax collector 
elected. 


Bond and com- 


pensation. 


He shall be ac- 


countable for 
whole tax. 
Who excused. 


The mayor shall thereupon append thereto his warrant 
to the tax collector of the city, as follows 
STATE OF ALABAMA, ; 

Crry or Mosrix. $§ 2/ayor’s Office. 


To the Tax Collector of the City of Mobile: 
Whereas, The mayor, aldermen and common council of 


the city of Mobile, did, on the day of 
18, assess and lay upon the assessed value for the. year 
eighteen hundred and of the real and personal 


_property hereafter described, the several sums set opposite 


thereto, and also the head tax as therein set forth, for a tax 
for the municipal year eighteen hundred and 
as follows: [Here set out the list.] 

Now, therefore, you are hereby commanded to make levy 
and collect of the goods and chattels, lands and tenements 
of the said persons, the said several sums of money set op- 
posite the real and personal property above described, and 
the head taxes herein set forth as the taxes therein, for the 
year aforesaid, and to attach and sell the said lots and 
lands to make the said several sums of money and costs, 
and make return of this warrant with your proceeding 
thereon on or before 

Given at Mobile, this day of | 18 

J. M. WITHERS, Mayor. 


ARTICLE Il. TAX COLLECTOR AND COLLECTION OF TAXES. 


§ 381. Be it ordained, That there shall be annually elect- 
ed in convention a “tax collector,” who shall give bond 
in such sum, and receive such remuneration as shall be de- 
termined by the corporate authorities. 

He shall be charged with and accountable for the whole 
amount of the assessed taxes in each year, and he shall 
only be released from such lability by showing the entire 
insolvency of the person assessed, of whom he has failed 
to collect the taxes, 

And by showing that the amount of his account cannot 
be collected by the exercise of the utmost diligence, and 
the use of all the means given by law. 


TAXES AND TAXATION. 2038 


§ 582. That if any real property shall be assessed to un- Property of 
known owners, or to persons who are known, and the taxes ents 
or dues assessed on them are not paid within sixty days 
from the time when the said taxes or dues are required to 
be paid, 

He shall give notice (in the official newspaper, or by Notice to be 
printed sheet circulated therewith, and kept for publie in- *"” 
spection at the mayor’s office, as shall be deemed most ex- 
pedient and least expensive) of the lots and real estate on 
which the taxes are unpaid, describing them so that the Description. 
lot may be pointed out, and that he will, at a certain time 
and place named, proceed. to sell such of the lots and lands Sale. 
upon which the taxes and dues are unpaid, or so much 
thereof as shall be sufficient to pay the same. 

And on the day and at the time appointed, or on such Shall sell. 
day as he may then adjourn it to, he shall proceed to sell 
any and as many lots on which the taxes and dues are not 
paid, or so much thereof as will satisfy the tax, and two Fee. 
dollars as a fee for the advertisement and sale, and a cer- 
tificate thereof, which sum of two dollars shall be paid by 
the purchaser, and in case the corporate authorities become 
the purchaser, the tax collector shall retain in his hands 
the amount of the expenses of sale out of any moneys in 
his hands not paid over. 

§ 383. The city engineer shall attend such tax sales, and City engineer 
shall bid off, in the name of and for the mayor, aldermen one ane 
and common council of the city or Mobile as purchaser, 
all the lots and lands on which the tax collector cannot get 
a bid, from other persons, to the amount of the taxes and 
expenses of sale; and said engineer shall take possession City engineer 
of such lots, lands and tenements for said city, and if any Rear, Jots. 
person shall resist or molest him in the discharge of said sitine nT” 
duty, he or she shall be subject to a fine, to be imposed by “"'"*” 
the mayor or acting mayor, not exceeding fifty dollars; and 

said engineer is hereby authorized to call on the mayor for 
any force or assistance necessary to take and keep posses- 
sion of said property. 
Any person may acquire the title and possession of Said Any person 


may acquire 


corporate authorities to any of the lots and lands so sold, title paying 
by paying the taxes due, twenty-five per cent. per annum five percent. 
thereon, and all charges and expenses of said sale, subject, “"* °<P°"s** 
however, to redemption by the claimant or owner, in the 


manner prescribed by the charter. 


204. 


ORDINANCES, 


ificate, That he shall give to the purchaser at such sale a certifi- 


Certificate 


Yorm of. 


Tax collector to 
put purchaser 
in possession. 


Forfeiture on 
failing to pay 
taxes. 


Tax collector 
may levy on 
property to 
collect tax. 


cate to the following effect : 

I, John Parham, tax collector of the city of Mobile, do 
hereby certify that the city taxes for the year 18 
(or the particular tax or assessment as the case may be) 
being due and unpaid on a lot of land in the said city, 
bounded and described as follows: (here insert a descrip- 
tion by metes and bounds). I have this day sold the same 
(or such part as he may sell) to , who has paid the 
taxes thereon, amounting to dollars, including my fee 
of two dollars for expenses of sale, and by virtue of the 
authority to me given by law, I authorize the said 
and his assigns to hold the said premises until the same 
shall be redeemed according to law. 

Witness my hand and the seal of the city, this day 
of 18 3 ) 
JOHN PARHAM, 

City Tax Collector. 
Attest: WHITFIELD TURNER, Clerk. 

And the tax collector shall cause the seal of the city to 
be affixed to the certificate. 

The tax collector is empowered, and it is his duty to put 
the purchaser in possession of the premises sold to him 
within thirty days after the sealing of the certificate, which 
shall be evidence of a right to possess the premises there- 
in specified, and to retain them until redeemed, as pro- 
vided by law, and if necessary, the mayor is authorized to 
direct the police to put the purchaser in possession. 

§ 384. That if any purchaser of a lot under a sale by the 
tax collector, shall fail or omit. to pay any subsequent as- 
sessment or tax, he shall forfeit all right under his purchase 
and certificate to the city of Mobile, and shall be bound to 
relinquish the possession of it. 

Andsif such lot is subsequently sold for taxes, the per- 
son holding under the former sale shall, after notice of the 
subsequent sale, be deemed and held guilty of unlawful 
and forcible detainer, and shall, at the instance of the per- 
son entitled to the possession, be dispossessed in same 
manner as provided for in the preceding section. 

That for the collection of taxes on other than real estate, 
it shall be the duty of the tax collector on failure or re- 
fusal of any person to pay the same, to levy on said per- 
sonal property, or so much as he may deem necessary, and 


TAXES AND TAXATION. 205 


after giving three days’ notice in the official journal of Three days’ 
the city, to proceed to sell the same, to pay the taxes and” 
the expenses of the sale, and for which services the tax 
collector shall be entitled to receive the sum of two dollars 

out of the proceeds of the sale in each case. 

§ 385. That such part of the assessed taxes as cannot be 
collected by the means provided in this ordinance, shall 
continue a lien on the property assessed until paid. 

And the tax collector shall be authorized from time to Collector shall 
time to offer and expose to sale, under the foregoing pro- thine offer for 
visions, such lots as shall not have the tax paid thereon, 
and like certificate shall be given in cases of any subse- 
quent sale, and similar proceedings shall be had thereon. 

That from the date of the assessment, there shall be a Lien for taxes 
lien on all personal property in the city for the amount of shat cane 
the taxes due thereon; and a preference lien is hereby 
created on all the real and personal property of the tax 
payer for the amount of the city taxes, from the date of the 
assessment and until collected, and both real and personal 
property is liable for all the taxes assessed against the tax 
payer. And the tax collector is authorized to proceed by 
sale of either real or personal property to collect any taxes 
due the city. 

That whenever it shall come to the knowledge of the tax Tax collector 


shall report 
collector that any property, real or personal, has been omitted 


omitted from the assessment, he shall report the same to Eaoune™ 
the assessor, who shall assess and place the same on the 
tax lists as other property, and the collector shall collect 
the taxes thereon. | 

That whenever any tax payer shall fail or refuse to Pay Commutation 
his or her taxes by the first day of July of each year, the gan “"?* 
tax collector shall add ten per cent. to the taxes due, which 
shall be collected in the same manner as provided for the 
collection of assessed taxes. 

§ 386. It shall be the duty of the city tax collector, as Tax collector 


shall give 


soon as practicable after the issuance of the mayor’s war- notice to tax 

rant for the collection of the city taxes, to give notice for fiyinaereasth 
ten days in the official journal of the city, requiring all apties wey A 

persons who have sold, or who have been engaged in the 

sale of any merchandise at private or auction sales, during 

the three months preceding the first of April, 1866, to 


come to the office of the city tax collector and give in un- 


206 ORDINANCES. 


der oath, the gross amount of his sales of merchandise and 
auction sales, as provided for by the city charter, and he 
shall give the like notice every three months thereafter, to 
ascertain the gross amount of such sales for every pre- 
ceding quarter. 


Penalty for Every person selling, or who has been engaged in the 
failing to give ] - ‘ 5 E 
in sales, sale of any merchandise at private or auction sales, during 


said three months, or one quarter preceding said first of 
April, 1866, shall give in under oath to the city tax collector 
the gross amount of such sales for said time, within fifteen 
days after said notice, and failing or refusing to do so, shall 
be subject to such fine as the mayor or acting mayor may 
impose, not exceeding fifty dollars, for each day’s failure or 
refusal. 
Max Payer 16 It shall be the duty of every person selling, or engaged 
siveinunder in the sale of merchandise in said city, after said first of 
April, 1866, to appear before the city tax collector, and 
within ten days after the public notice given by him as 
above provided for, and give in under oath the gross 
amount of his sales of merchandise and auction sales for 
each preceding three months, and on failing or refusing 
to do so, shall be fined in such sum as the mayor or acting 
mayor may impose, not exceeding fifty dollars for each 
day’s failure or refusal. 
Penalty for And any person giving in any false or fraudulent account 
false accounts. of gnu¢h sales, with intent to defraud said city of any por- 
tion of the revenue derived therefrom, is guilty of perjury 
and shall be convicted in the manner and suffer the penalty 
prescribed by law for that offence. 
pay eee all § 387. He shall pay over to the city treasurer on Satur- 
other money day of each week, and oftener if required by the mayor and 
weekly, &¢. the presidents of the two boards, ali money collected by 
Shallreport, him for taxes from all sources, and make weekly report 
Bt thereof to the boards of aldermen and common council, 
with the names of the persons from whom collected, and 
the amounts from each, and the receipt of the city treasurer. 
Roportsandre. Such report and receipts shall be filed and recorded by 


coints tiled with the city clerk. 


TAXES AND TAXATION. 207 


ARTICLE Ill, ASSESSMENT AND COLLECTION OF LICENSES. 


An Ordinance to provide for assessing and collecting licenses to carry on 
business in Mobile. 


§ 388. Be it ordained, That all persons trading or carry- Who subject to. 
ing on any business, pursuit, trace or profession in the city, 
shall obtain a license for the same in the manner herein- 
after prescribed. 

That such licenses shall be graded, and the rates estab- 
lished by the corporate authorities, and may be changed 
from time to time as they may deem necessary, and all per- 
sons obtaining a license shall pay the amount according to 
the grade in which he shall be assessed. 

The several members of a partnership conducting busi- Partners. 
ness under one firm name, and without any branch busi- 
ness, and not having two distinct places of business, shall 
be treated as but one person in obtaining a license, if the 
license is obtained in the name of such firm. 

And no license to one person or firm shall be used as a Only to the 
license to any other person or firm. DE opted 

Nor for any other business than that for which itis issued. Nor for any 

. other business. 

But the person or firm may change the place of business, But the place of 
or may take a partner, or may change the partnership if peta aaa 
the business is the same. ea a eatin te 

And no license shall be required of any mechanic carry- Not required of 
ing on his trade or journeywork, wherein the person em- "°°" 
ploys no capital, but conducts it solely by his own skill and 
attention, without the aid of employees, nor any person Nor clerk, 
following the business of a clerk, book-keeper, minister of peeps d 
the gospel, teacher of a school for the education of youth,“ °"°™ 
or holding any salaried oftice. 

§ 389, The city assessor shall, at the beginning of the Assessor shall 
municipal year, and from time to time, diligently assess person liable. 
every person trading or carrying on any trade, pursuit, 
business or profession in the city, he shall class each avo- Not exceeding 
cation into a grade or grades, not exceeding three, and Reatia hte 
shall determine the grade in which each person be assessed 
as to him shall seem fair and just, unless the grade has been 
fixed by the corporate authorities. 

To ascertain the grade, he is authorized to act upon such May require 


: ‘ : answer on oath. 
information as he can get, or on his own knowledge, orhe" 


208 ORDINANCES. 


may require any person to answer upon oath any question 
Any person that he may deem material; if such person refuse so to 


refusing to 


answer shal! be answer he shall be classed in the first grade. 

lassed in first 
trade, ~——-Sd When the assessor shall assess any oné under this ordi- 
ra, . . 

Payment shal nance, and such person is content with the assessment, 


once and 


see anssued, Peyment shall be made to him, and he shall fill up a blank 
license and give it to the payer, and receive and receipt 
Assessoral. for the money; and said assessor shall receive the same 


] § ° e ° 5 
pvedsame fees for his services as is allowed to the city tax collector 


collector. 


Mayor to deter- or the collection of taxes; and provided if the assessment 

mine disputes’ made by the assessor shall be deemed wrongful or unjust, 
by the party interested, he shall have the right to be heard 
before the mayor, whose decision in the matter shall be 
final. 

Assessor shall He shall account to the mayor for every license given to 

account to 


mayor for blank him by the mayor, and shall semi-annually, and as often as 


licenses 


aeporhe may be required, report in writing to the boards his whole 
boars: action in the assessment and collection of licenses. 

Mayor may § 390. That for the convenience of those who are subject 
ene. to license, the mayor is authorized to procure a book of 


ee iad blank licenses, and he may from time to time issue as many 


blank licenses as he may see fit, 

ndition® Which shall have the grade one, two, three, written on 
the face of them, which, being countersigned by the city 
clerk, the mayor may place in the hands of the city asses- 
sor, in all cases taking his receipt therefor, specifying the 
number of each grade received. 

Kgnedace th § 391. That it shall be the duty of the assessor, as soon 

sive notice. —_ ag practicable, after the rate of licenses have been estab- 
lished, at the commencement of each municipal year, to have 
alist of the rates and grades published in the official journal 
of the city for five days, and every person failing or refus- 
ing within ten days after said notice, to obtain any license 
required under the provisions of this ordinance, shall be ~ 
subject to such fine as the mayor may impose, not exceed- 
ing fifty dollars for each day’s failure or refusal. 

Does not apply § 392. This ordinance does not apply to any business 

eae naer @VOcation or place of public amusement or entertainment, 

Saitek for which licenses are granted under section 52 of the city 
charter, the rates of which licenses are fixed annually by 
the mayor and presidents of the two boards. 


TREASURER. 209 


§ 393. The city assessor shall make weekly reports in City assessor 
shall report 
writing to the boards of aldermen and common council, of weekly. 
all moneys coliected by him for licenses or from other 
sources, and at the same time pay the moneys so reported Pay over to 
- city treasurer. 
over to the city treasurer, which said reports and receipts 
shall be filed and recorded by the said city treasurer. 
§ 394. That all ordinances or parts of ordinances con- 
flicting with the provisions of this ordinance be, and the 
same are hereby repealed. 


CHAPTER XXXVIT. 
TREASURER. 
An Ordinance to provide for a City Treasurer. 


§ 395. Bett ordained, That there shall be annually elected Electea. 
in convention a city treasurer, who shall give such bond Bona. 
and receive such compensation, as the corporate authorities Salary. 
may from time to time determine. . 

§ 396. He shall keep his office at the municipal buildings, Duties. 
where he shall attend from 9 o’clock, A. M., till 3 o’clock, ae 
P. M., each day. It is his duty, 

To oon a regular set of books, in which fair entries shall Set of books. 
be made of all things pertaining to, or done in his office. 

To keep a regular account of all the indebtedness of the Accounts. 
city, and also what is due to it. 

To attend at all the meetings of the board of common Attend meet- 


ings of common 


council, and make full and proper entries and records of all council ana 
orders, resolutions, ordinances, opinions and proceedings of PN ag 
the board. 

To make weekly reports in writing to the two boards, of Weekly re. 
all money received by him, from whom and from what?” 
source of revenue, and of the amounts paid out by him on 
account of the city—to whom and to what department. 

These reports shall contain statements of facts, and his Contents of. 
opinion thereon, if he think fit. 

To carefully file and preserve in his office all books and keep all books 
papers which may be delivered to him by virtue of his maid se 
office. 

27 


210 


Deliver to his 
successor 
everything. 


Notify city 
printer of 
special 
meetings. 
Report failure 
to mayor. 


Perform other 
duties. 


General duties. 


No person shall 


injure any of 
the works. 


Penalty. 


Penalty for 
injuring re- 
servoirs. 


ORDINANCES. 


To deliver over to his successor in office, or to the board 
of common council, all books, papers, moneys, accounts 
and property belonging to his office. 

He shall notify the city printer of all called or special 
meetings of the board of common council, and report to 
the mayor any failure of the city printer to have a reporter 
present at any called or regular meeting of said board. 

To perform all the duties prescribed by the city ordi- 
nances or by-laws. 

To perform all other duties generally, under the direction 
of the mayor, which treasurers of cities are required or 
accustomed to perform. 


CHAPTER XXXVIII. 


WATER-WORKS. 
An Ordinance respecting City Water Works. 


§ 397. Be it ordained, That if any person shall wilfully 
cut, deface, remove, uncover or otherwise injure or disturb 
any of the logs, or wooden or iron pipes used for the con- 
veyance of the water from Spring Hill, or any other point, 
into the city of Mobile, or any of the leaden pipes or other 
pipes which may lead from the wooden or iron pipes afore- 
said, or any of the hydrants, stop-cocks, fire-plugs, or other 
fixtures attached to the wooden, iron or leaden pipes afore- 
said, he, she or they so offending, for every such offence 
shall forfeit and pay such sum as the mayor may impose, 
not exceeding fifty dollars, to be recovered with costs, 
before the mayor or.any one of the aldermen of the -city 
of Mobile. . 

§ 398. That if any person or persons shall wilfully des- 
troy, or in any manner injure or deface any of the reservoirs 
constructed in the city of Mobile for the reception of the 
water conveyed into the said city of Mobile from Spring 
Hill, or any other point, he, she or they so offending, shall 
forfeit and pay for every such offence such sum as the 
mayor may impose, not exceeding fifty dollars. 


WATER-WORKS. 211 


§ 399. That if any person or persons shall use the water No person to 
conveyed into the city as aforesaid, without having first nate yer 
obtained permission from the said mayor, aldermen and ™*¢*? ¢ 
common council, or person holding under them, so to do, 
he, she or they so offending, shall forfeit and pay double 
the sum of money he, she or they would have been required. 
to pay to the said mayor or aldermen and common council 
or other person holding under them, for the privilege of 
using the said water, to be recovered with costs as aforesaid. 

§ 400. That if any person or persons authorized by the ee ere 
said mayor, aldermen and common council, to use the said use, shall sell it 
water, shall sell any of the said water, or give away the owes ee : 
same, or use it for any other than household purposes 
without the special license of the said mayor, aldermen and 
common council (or the person or persons holding under 
them) he, she or they so offending, shall forfeit and pay for Penalty. 
every such offence such sum as the mayor may impose, not 
exceeding fifty dollars, to be recovered with costs as afore- 
said. 

§ 401. That if any person or persons shall wilfully waste Shall not per- 
any of the said water, or wilfully permit the same to run to cients 
waste, he, she or they so offending, for every such offence Penalty. 
shall forfeit and pay such sum as the mayor may impose, 
not exceeding fifty dollars, to be recovered with costs as 
aforesaid. | | 

§ 402. That if any person or persons shall carelessly or Nor permit the 
negligently leave the said water running, or shall otherwise Rue 
negligently waste the same, or negligently permit the same 
to run to waste, he, she or they so offending (or if a child 
his or her parents or guardian) shall pay for every such act 
of carelessness or negligence such sum as the mayor may 
impose, not exceeding fifty dollars, to be recovered with 
costs as aforesaid. 

§ 403. Thatif any plumber, or any person or persons If any plum. 
shall conduct the said water from the said wooden or other 2 oar *- 


man shall con- 


pipes, or shall superintend the conducting of the same from Siihout pee” 


the said wooden or other pipes, unless authorized so to do may hes sso. 
by the said mayor, aldermen and common council of the 
city of Mobile (or_the person or persons holding under 
them) such plumber or other person or persons shall forfeit 


and pay for every such offence such sum as the mayor may 


212 


Any person 
violating this 
ordinance, if 
tunable to pay 
fine, to be im- 
prisoned. 


Duty of water- 
works to fur- 
nish pure and 
wholesome 
water, 


For failure to 
furnish such 
water, shall 
refund. 


Penalty. 


Provisions of 
this ordinance 
shall apply to 
any new water- 
work that may 
be erected, 


Mayor and 
presidents of 
the two boards 
to appoint 
wharf commit- 
tee. 


ORDINANCES. 
impose, not exceeding fifty dollars, to be recovered with 
costs as aforesaid. 

§ 404. That if any person or persons shall commit any 
of the offences enumerated in this ordinance, and shall be 
unable to pay the price assessed against him or them for 
such oftence, he, she or they shali be committed to the 
city prison until discharged by the due course of law. 

§ 405. That it shall be the duty of any water-works com- 
pany, or the proprietor of any water-works, to furnish an 
abundant supply at all times to the inhabitants of said 
city, of clear, pure and wholesome water, and if any water- 
works company, or the proprietor of any water-works, fail 
to furnish such water to any water tenant, he or they shall 
refund (if the water rent has been paid) to the tenant a 
proportionate amount for the time such failure exists, (and 
if not paid,) the proper deduction to be made from the 
bill. The amount of deduction to be made on the decision 
of the mayor, upon the reference and complaint of any 
water tenant, and for the failure to comply with the pro- 
visions of this section, he or they shall be subject to such 
penalty as the mayor may impose, not exceeding fifty 
dollars. 

§ 406. If, hereafter, any other than the present water- 
works should be constructed to convey water into the city 
for the use of the inhabitants thereof, all, the provisions 
and penalties of this ordinance shall apply to such new 
works. 


CHAPTER XXXIX. 
WHARVES. 
An Ordinance regulating Wharves and Water Fronts. 


§ 407. Be it ordained, That as soon as practicable after 
the passage of this ordinance, the mayor and the presidents 
of the two boards shall appoint a committee of wharves, 
to consist of two members from each board, who shall 
serve as such for the balance of this municipal year, and 
they shall appoint a like committee at the commencement 
of each municipal year thereafter. 


WHARVES. 213 


Said committee are hereby charged with the control and Wharf com- 
aie ‘ = . mittee charged 
supervision. of all of the wharves belonging to said city, with the con- 
R : F . trol, super- 
and to direct and manage the construction -and repairs vision, con- 


i, rr A struction and 
thereof, and the collection of all the revenue arising from THEcioneniantod 


: the wharves 

the same, and to see that the superintendent of wharves jelonging to 
> Ll * $ S - tl > cit Te 

performs all the duties required of him by this ordinance. eh guile 


They shall report to the boards semi-annually, or oftener Tittee to see 


that superin- 


if required, the condition of the wharves, all construction tendent attends 


to his duties. 


or repairs of wharves, and all other information necessary. fai! report to 


The said committee is also authorized and empowered smiannually. 


when directed by the corporate authorities, to obtain or mittee to pur- 
u chase wharves, 


purchase from any person owning any wharf property in Ne i Tested 
yy corporate 


said city, the title thereto,.and to report their action for authorities. 
ratification to the mayor and the two boards. 

The rates of dockage and wharf charges and fees. shall Rates and fees, 
be established from time to time as the corporate author- 
ities may determine. 


All bills created in the construction, management or re- Wharf com- 
mittee to audit 


pairs of the wharves of said city, shall be audited and an bitis for re- 


pairs construc- 


passed for payment by said committee, and the draft for tion or man. 


the amount thereof, signed by the chairman of the com- mentor 


mittee and countersigned by the mayor, shall be paid by [Rey are pre: 


ves ri payment. 
the city treasurer. Mayne to 


, - : i s : countersign 
Said committee shall have power to appoint from time Counters oa 


to time, such clerks or assistants to aid the superintendent ™. . 
’ Committee to 


of wharves, as may be necessary for the proper manage- np ahiere 
ment of said wharves and collecting the revenue thereof, tendent. 
who shall receive such compensation as the committee compensation. 
may determine, until otherwise provided by the corporate 
authorities—and such clerks shall be subject to the order, clerks to be 
and under the direction of the superintendent of wharves. set, oon. 
§ 408. Be it further ordained, That there shall be elected {01,0f superin- 


tendent. 

as soon after the passage of this ordinance as practicable, Superintendent 
a superintendent of wharves, who shall act as such for the 
balance of this municipal year, and shall be elected there- 
after at the annual election of officers for the year 1867 and 
annually after said last election, and he shall receive such gona ana com. 
compensation, and give such bond, as the corporate au- ?°"*%°™ 
thorities may from time to time determine. 

His duties shall be to collect all the dockage and wharf paties of 
charges belonging to said city, and make reports thereof to “PeTimtendent. 


the boards. 


214 


ORDINANCES. 


Superinten- 
dent shall per-: 
sonally super- 
vise, control, 
collect the 
revenue and 
manage the 
whaves under 
the direction of 
wharf com- 
mittee. 


Superinten- 
dent shall pro- 
cure books and 
shall act as 
clerk to the 
wharf com- 
mittee. 


Superinten- 
dent shall per- 
form all duties 
required of him 
by the city 
authorities. 
Docks to be 
kept clear. 


Certain vessels, 
boats, &c., may 
be removed. 


He shall personally superintend and control the construc- 
tion or repairs of said wharves, and to generally supervise 
and manage the same, under the direction of said commit- 
tee, and shall see that all the ordinances and regulations 
respecting wharves are complied with, and report any 
violations of: the same to the mayor. 

§ 409. He shall provide, at the expense of the city, suit- 
able blank books, and make entries therein of all moneys 
collected by him, showing the dates, amounts and sources 
from whence collected.’ He shall also act as clerk of said 
committee, at all of their meetings, and keep a record of 
their proceedings in said books. The books so kept by 
him shall be open at all times to the inspection of the said 
committee, the mayor, or any member of the two boards. 

§ 410. He shall perform such other duties in relation to 
wharves as may be required of him by the corporate 
authorities or said committee. 

§ 411. That the owner of every wharf shall keep the 
docks or slips, to the distance of thirty feet on each side of 
the wharf, from end to end, cleared and free from logs, 
timber, brush-wood, sea-weeds and every kind of filth or 
obstruction. 

§ 412. That all vessels, boats, barges, and other water 
craft, which may at any time contain stagnant water, or be 
in any manner in any impure or unwholesome condition, 


_about the wharves or docks of the city, shall be removed 


Linits of 
whart front. 


to such place as the mayor may designate. 

And in case that the person having control or charge of 
such vessels, boats, barges or craft shall neglect to remove 
it, to be cleansed or purified, it shall be removed or sold at 
the expense and risk of the owners. 

If sold it shall be at public auction, and five days’ notice 
shall be given of the time and place of sale; after paying 
expenses of the sale, the proceeds shall be paid into the 
city treasury, and if not claimed by the owner or his agent, 
within six months after the sale, shall be forfeited to the 
city. 

§ 413. Be it ordained, That no wharf nor any other 
structure shall be built or constructed or extended, nor 
if built, constructed or extended, shall remain on the west 
side of Mobile river, if it projects east beyond a line 
commencing at the northern line of the city at a point 


WHARVES. 


from which a line running south six degrees east shall 
strike a point in the northern line of Hunt street, extended 
a distance of three hundred and thirty-eight feet east- 
wardly from the west line of Front street, thence by a 
straight line to a point in the north line of St. Anthony 
street, extended two hundred and fifty-two feet eastwardly 
from the west line of Front street, thence by a straight 
line to a point in the north line of Conti street extended 
one hundred and sixty-five feet eastwardly from the west 
line,of Front street, thence by a straight line to a point in 
the north line of Church street, extended two hundred and 
fifty feet eastwardly from the west line of Commerce street, 
thence by a straight line toa point in the north line of 
Theatre street, extended one hundred and ninety-five feet 
eastwardly from the west line of Commerce street, thence 
by a straight line to a point in the north line of Maine 
street, extended two hundred and ninety-five feet east- 
wardly from the west line of Water street, thence by a 
straight line to a point in the north line of New York street, 
extended five hundred and fifty feet eastwardly from the 
west line of Water street, and thence by a line running 
south twenty degrees and twenty minutes east to the bay. 


§ 414. That no wharf shall be constructed in the city How con. 


unless it is on piers or posts of hewn timber, and from an 
abutment extending east at least two hundred and fifty 
feet. 


structed. 


§ 415. That no person shall cast or throw any animal or No filth to be 
thrown into the 


vegetable filth, or putrescent matter or thing whatever 
from any of the wharves, or into the river or docks within 
the city. 


docks. 


216 ORDINANCES. 


CHAPTER XL. 
WORK HOUSE. 


An Ordinance establishing a. Work House, House of Correction, and for 
working for benefit of the city, and prescribing rules and regulations 
therefor. 

Establishing § 416. Be it ordained, That until otherwise provided, the 
work house and Salas . . 

house of cor- building and premises on Royal street, now occupied as a 
rection. ° ° 8 

city prison and work house, or house of correction, shall 

be known and used as such, in which shall be confined all 

offenders against the city ordinances, as well as dll persons 
sentenced by the mayor or mayor’s court to the work house, 
or house of correction, or to: labor for the benefit of the 
. city for a limited time. 
Failure to give § 417. Be tt further ordained, That all persons convicted 


hontsnay | 
contented to, siethe offences: enumerated in sections two hundred: and 


Rhee he ve ot ninety-three, two hundred and: ninety-six, and two hundred 

ore and ninety-seven of the ordinance entitled ‘ An ordinance 
to prohibit vagrancy, quarrelling, riotous, immoral and 
disorderly conduet,’? being in chapter thirty-one of this 
code, and who fail to give the bond required by the mayor 
for such offences, as directed by section thirty of the city 
charter, may be senteneed by the mayor to the work house, 
or house of correetion, not exceeding six months, to labor 

May give bond for the benefitof the city: Provided, Such person shali have 

before time ex- A ‘ A : - i 

pires. the right to give the bond required at any time before the 
expiration of the sentence, and be discharged. 

§ 418. Be it further ordained, 'That all persons sentenced 
to the work house, house of correction, or to labor for 
the benefit of the city under the second section of this 
ordinance, or under any ordinance in this code, or here- 
after adopted, shall be governed and controlled in such 
labor by the following rules and regulations: 

Rules and regu- That hereafter, and as soon as practicable, the male 
prisoners sentenced by the mayor or mayor’s court to work 
on the streets and public works, shall be worked in chain 
gangs, or with ball and chain, if their bad conduct and safety 
require it, and shall be worked under the direction of a 


WORK HOUSE. 


superintendent and two assistants, and where the number 
of prisoners are as many as fifty, thero shall be three assis- 
tants, and as many as seventy-five, four assistants, and an 
assistant for each twenty thereafter. Said superintendent 
and assistants may be appointed by the mayor, and the 
superintendent shall receive $100 per month, and the as- 
sistants $75 per month each. The whole chain gang to be 
under the:chief direction of the superintendent while at 
work, and in going to and returning therefrom. And the 
white laborers shall be worked in separate gangs from the 
negro laborers, and confined in separate cells at night. 

They shall work eight hours per day, and shall leave the 
prison in time each day to work the requisite number of 
hours. ) 

The superintendent shail receipt to the chief of akin 
or ofiicer of the day, each morning, by name and number, 
the prisoners taken to work; and he shall be responsible 
for their proper treatment, their faithful labor, and safe 
return tothe city prison each evening, by or before twi- 
light. 

The superintendent shali procure, under the direction of 
the mayor, and at the expense of the city, necessary chains, 
and a ball and chain for each prisoner, when required, of 
such weight and character as not to seriously impair his 
capacity for labor, and he shall be responsible for the safe 
keeping of this and any other property of the city used for 
publie work. 

The female prisoners shall cook for the male prisoners, 
and the white female prisoners shall wash for the white 
male prisoners, and the black or negro female prisoners 
shall wash for the negro male prisoners; but when there 
are an insufficient number of either class to perform this 
labor, for the male class, designated, the other class shall 
be required to assist, of which the superintendent is to be 
the judge, and in his absence with the out-door laborers, the 
chief of police. The superintendent shall also direct and 
apportion said labor among the female prisoners, and in 
his absence the chief of police, the latter seeing that the 
work 1s properly and faithfully performed during the day. 

Ail of said prisoners shail be fed with wholesome food at 
the expense of the city and the mayor shall make eontracts 
to the best advantage for furnishing provisions at the 


217 


218 


ORDINANCES. 
prison, the bills being payable monthly. The prisoners 
shall be kept at the city prison for the time being, the 
sexes being separated, and shall be locked up every night 
by or before dark. 

Each prisoner shall be entitled to receive each day 
ounces of bread, ounces of meat, either salt or fresh, 
and ounces of potatoes, which the superintendent shall 
give out each day to be cooked, and he shall be responsible 
for the proper and economical use of said provisions. 

The superintendent is authorized to direct his assistants, 
or either of them, to assist in the performance of any 
duties required of him in these regulations. 

For any improper or negligent performance of any of the 
duties required herein, the superintendent, or either of his 
assistants, shall be fined not less than one or more than 
fifty dollars, and may be removed by the mayor at any 
time from office. 


NOTE. 


In consequence of the frequent changes which, ex- 
perience has shown, are made from year to year in the 
rates of Taxes, Licenses, Fees of public Vehicles, and 
other charges, fees, &c., provided for by the various ordi- 
nances herein; it has been deemed best not to include 
any such matter in this code, but to leave them to be fixed 
and defined by ordinances kept in manuscript, and record- 
edin the Book of Ordinances, as they are adopted or 
changed, from time to time, and inasmuch as it is made 
the duty of the City Clerk, to keep a correct list of all the 
existing taxes, rates, licenses, fees, and charges posted on 
a Bulletin Board in the office of the City Clerk and in the 
Central Police Station. 

The public are therefore referred to the bulletin boards 
for the law on these subjects. 
REUBEN A. LEWIS, 
Compiler. 


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INDEX 


TO 


ORDINANCES. 


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INDEX TO ORDINANCES. 


ACTING MAYOR. 


All power vested in mayor to be performed, 


ACCOUNTS. 


Clerk shall keep with treasurer, of all money, 


nies, - 


Of hospital, shall be kept by steward, 


SECTION 
13 


. 46,69, 122 
Of expenditures, shall be furnished by secretary of fire compa- 


Inspector of fire-wood shall keep and report quarterly, - 


Keeper of powder magazine, 
Assessor shall, to mayor, for licenses, 
Cemetery, kept by treasurer, 
Assessor shall make weekly reports and pay over 


the treasurer, 


Tax collector shall report weekly, and pay over 


the treasurer, 


Keeper of city prison shall keep an, 
Treasurer shall keep, 
Wharf committee shall audit, 


ADVERTISEMENTS. 


Printed by city printer, 
Of assessment of taxes, 
OF collector’s tax sales of property, 


Indecent forbidden, 


Sales of stalls in market, 


‘ec 


Of objections to taxes, 


nuisances, 


ADULTERATIONS. 
Of milk prohibited, 
Of liquors, - 
AFFIRMATION. 


Is included in ‘ oath,” 


AGENTS. 


Duties of in reference to gunpowder, 


ALARM. 


Bell, how rung for fire, 
“ec sé sc 


“ec 


Duty of police, when, 


ee 


ae «ec 


firemen, 
fire wardens, 


“cc 


(see Frres,) 


-< 


riot, tumult, or commotion, 


all monies to 


all monies to 


224 INDEX TO 


BADGE. 
Police shall wear, - - - - . - 
BAIL. 
Form of, - - - - - - - 
Aldermen and councilmen may take, - - - 
Children or minors, how to give, - - - 
BALANCES. 
How inspected—shall be, - - ~ . " 
Duty of clérk of market as to, - - - - 
What to be used in market, “ . - ~ 
BALCONY. , 
How erected over side-walk, - - - - - 
BALLS. 


Masked or public unlawful, except by the permission of mayor, 


BANK—Faro. 


Not to be exhibited, &c., - - - - 
BARGE. 

Included in word “ vessels,” - + - - 
BATHING AND BATHING ESTABLISHMENTS. 

Sunday ordinance does not apply to, - - - - 

In bay and river, within city limits, forbidden, - . 
BAWDS. 

How dealt with, - - - - = 
BEAMS AND SCALES. 

Shall be inspected, how, - - - . 

Duties of clerk of market as to, - - - - 

What used in market, - - - - - 
BEASTS. 

Driver of, to have good reins or lines, - 5 - 

Not to be driven rapidly in streets, - - - - 

Dead, not to remain on premises, - ~ - - 

«¢ how removed, - - - - - 

Not to run in public parks, — - - - - - 

If injure side-walks, owner shall pay for, - - - 

If owner is unknown, shall be sold, — - - - - 

Not to be thrown into the river or docks, - - - 
BELLS. 

If larger than hand bell, not to be rung in streets. except— 

Market bell, how rung, - - - - = 

Fire and alarm, how rung, - - - - - 
BEGGARS. 

How dealt with, - - - - - - 


BIENVILLE PARK. 
Established, (see Pustic Parks, 263 to 270,)__ - - 
BILLIARD TABLES. 


Licensed, (see page 25 City Cuarter,) = - - 
Forbidden on Sunday, - - Z ‘ 
BOARD OF HEALTH, - 4 Ss Hy 2 é 


SECTION 


266 


18, 19 


157, 


99, 


215 


12 
161 
186 
186 
304 


37 


ORDINANCES. 225 
BOARDING HOUSE. SECTION 
Not to permit gaming in, - - - - - 101 
Shall be licensed, - - - - - - 139 
Duty of keeper, - - - ™ m 2 140 
Sunday ordinance does not apply to, unless— - - 299 
BOATS. we 
Included in ‘ vessels,”’ - - - - - 27 
Fire wardens shall examine, - - - - 95 
If nuisance, shall be removed, how, - - - - 412 
BONDS. 
Official bond, made payable to, = - - - - 29 
For minors, how given, - - - - . 12 
Form of official bonds, - - - - - 30 
To answer offense against State, - - . - 19 
Appearance bond, - - - - - - 18 
For witness, - - - - - - - pws 
Offender may give, . - - - - 7 
Stay bond, - - - - - - - 20 
Appeal bond, - - ~ - ~ - 25 
If not paid, execution shall issue, - - - 7 
Contractor for opening, &c., streets, drains, and shall give, 330 
Of city printer, - - - : - - v4 
‘* office, - . - ° - - . 30 
‘* treasurers, - - - - - . 30, 395 
‘* attorney, - : - - - - 36 
“* sexton, - - - . - - - 47 
“Vclerk,%) 3 - - ~ - - - 68 
‘* physician of hospital, - : - - - 128 
‘* steward, aa - - - - 131 
‘‘ inspector of hay, - - - - . - 141 
“* city gauger, - - - - - - 151 
** inspector of lumber, - - - - - 144 
. - fire wood, - - - - 146 
s = weights and measures, . - - 157 
My ae staves, - - - - - 152 
“A is gas metres, - - - - - 154 
Re sé flour, - - - . - 171 
** street commissioner, - - - - - 369 
‘* superintendent of wharves, - - - - 408 
** clerk of market, - - - - - - 185 
‘¢ chief of police and assistants, - : 445216, 217 
“* keeper of powder magazine, - : . 241 
‘* city engineer, - - - - : - 363 
‘* assessor of taxes, - - - - - 372 
“* collector of taxes, - - - - - 381 
“* pawnbrokers, - - . - - ° 211 
Persons sent to work house or house of correction, may give 
bond, - - - - - - 7, 293, 417 
BRANDS. 
No burning, to be carried in the street, . - - 97 


226 INDEX TO 


BRAWLERS. SECTION 
Drivers of cabs shall not be guilty of, - : 63 
Not permitted in public houses, - - - - 140 
Duty of citizen’s patrol as to, - : : . 910 
‘* aldermen and councilmen as to, - - - 215 
«police as to, - - - - - 216 
Porbidden, - neat) + - - - 292, 293 
‘ at theatre, &c., - - - - 311 
To prevent and punish, - - - - - 293 
BREACH OF THE PEACE. 
Offenders may be required to give bond, - - - 12 
In case of minor—parent, guardian or employer may give, 
bond, - - - - - - - 12 
BRICK BUILDINGS. 3 
Within fire limits, - - - - - - 94 
BROKERS. 
Pawnbrokers regulated, - - - - 211, 214 
BUGGY. 
Licensed for hire, - - . - - - 58 
Duties of drivers in passing in the streets, - - - 290 
BUILDINGS. 
When and by whom pulled down during fire, - - 85 
How erected within fire limits, 4 - - - 94 
Wardens shall examine, - - . - 95 
Chimneys of, shall be swept, - - - - > 67 
Fire-arms nor works to be let off in, - - - 97 
How much powder may be kept in, - - - . 244 
Municipal, - - - - - : ~ 251 
Shall not be erected until line is designated, - - - 334 
Shall not be removed, if dangerous, - - - 354 
None to be erected east of Front street, - - - 337 
Engineer shall report if any are dangerous, : - 364 
BURIAL. 
Place of, - . - - - - - 42 
Certificate of age, sex, &c., before, - - - 49 
BUSINESS PURSUITS AND PROFESSIONS. 
All persons shall have license, except— - - : 388 
BURYING-GROUNDS. 
General regulations, - - - - - - 
Old and new graveyards established, + 4 - 42 
All bodies to be buried therein, - . - = 43 
Sexton elected, bond, and duties, - - - - 47 
He shall take care of fences and walks, - - - 47 
5 prevent defacing of tombs, &c., - - - 47 
bury paupers, how, - - - ° : 48 
«« _superintend the opening and digging of all graves 
and, vaults, - - : i 47 
In cases of dispute, mayor shall decide, - - é 47 
He shall keep map of the grounds, - - - 47 


ORDINANCES. 227 


BURYING GROUNDS.— Continued. SECTION 
No corpse to be buried until a certificate is given of age, sex, 
disease, &c., - - - ~ - - 49 
Clerk shall record the certificate, - - - - 49 
Record shall be called Register OF DEATHS, - - 49 
Shall issue order for burial, - - -. - 49 
When clerk is sick, sexton may act, how, , - - - 49 
Shall pay over weekly to the treasurer, - - - 40 
‘* keep map, entries to be made on it, - - - 49 
*. sell lots, d&c., -- - - - - - 49 
Sexton shall keep copy of register of deaths, - - - 49 
Shall make monthly reports to boards, - : - 46 
‘¢ not be interested in the sale of lots, - - - 49 
Treasurer shall open cemetery account, - - . 46 
s ‘ paysexton monthly, - . - - 46 
Committee on public grounds shall expend the cemetery fund 
for embellishing, - - - - - 46 
Owners of lots shall conform to regulations, - - 44 
Unlawful to hitch or tie animal to tree or shrub, - - 45 
No stone or monument to be injured, - - - - 292 
BUTCHERS. 
Regulations concerning, (see MARKET,) - - - 180, 200 
Houses or pens forbidden, - ps - - - 109 
BY-LAWS. 
To be published, - - - ~ - - 3 
How enforced, - - - - - - 6-14 
Attorney shall prosecute, - - > - - 34 
Clerk shall keep record of, = - - - - A 68 
Of fire companies, - : - . - . a2 
Mayor shall enforce, - - - - - - 215 
Aldermen and councilmen shall assist, - - - 215 
Chief of police, duty of, as to, - - - - 216 
Police, - - - - - - - 220 
Treasurer shall keep record of council, - - 396 
CAB. 
Shall be licensed, - - - - - - 58 
Fare, - - - - - “ - 59 
Shall not charge double rates after 10 o’clock, : : 59 
Drivers of, shall take loads, - - - - 60 
Shall have lighted at night, and numbered,~ - - * 4261) 62 
Duties of drivers, - - - - - - 63 
Shall not be engaged in racing, - - . 64 
Shall place copy of ordinance in conspicuous place, - 65 
Shall not be driven on side-walks, - - - > 351 
Fee for license to clerk, - - - - - 69 
Penalty for extortion, - - - - - - 59 
Shall not stand in front of dwelling or store, z > 63 
Driver shall not sleep on stand, - - - - 63 
Defining where public stands shall be, - - - 66 
Shall not remain elsewhere, - - . - - 66 
May stand in front of places of public amusement at night, 66 


29 


228 INDEX TO 


CANDLE FACTORY. 
How established, - : ‘ : 


CAPTAIN OF THE GUARD. 
Appointed, (see PoLicer, 220,) - 
Duties of, - - - - 
Office in municipal buildings, - - 
CARDS. ‘ 
Not to be played for money, - - 


CARTS, DRAYS AND WAGONS. 
Shall be licensed, and fees fixed, - 


Owners shall give bond, - “ o 


a ‘* number, - - 


3 ‘« report any sale or transfer, - 
Exceptions to licensed vehicles, - 
Duty of drivers of, when used for hire, - 
Shall keep on the right side of road, - 


‘¢ have good reins or lines, - - 


‘* not be driven rapidly, - - 
Fee for license to clerk, - - - 
Not to obstruct market premises, - 


Keeper of powder magazine shall have, - 
Not to be used on Sunday. - . 


Sunday ordinance does not apply to milk, 

Not to be left in streets, - - 

Not to be driven on side-walks, = - 

Penalty for extortion, - - - 
CARCASS. 

Not to be left on premises, - - 

Nor thrown into the docks, - - 

How removed, - - - - 
CATTLE. 

Not to be tied to tree or shrub in graveyard, 

Dead not to be left on premises, = - - 

How removed, - - - 

Not to run in public square, : - 

Not to be driven in streets on Sunday, 

How sold if obstructing streets, - - 


If injure side-walks, owners shall pay, or be sold, 


CEMETERY. 
Established, (see BuRY1nG GRouND,) - 
No stone or monument to be injured in, 
CERTIFICATE. 


Of tax title to purchaser, - - : 


CHIMNEYS AND CHIMNEY SWEEPS. 
Owner shall have chimney cleansed, - 
License may be issued to chimney sweep, - 
He shall keep an office, - - 


May charge reasonable fee, - : - 


Chimneys shall be examined by wardens, 


SECTION 
70 


218 
218 
261 


99 


50, 55 
00 

ol 

52 

00 

53, 54 
56 

o¢ 

d7 

69 

186 
243 
304 
307 
336 
301 

50 


108 
415 


108-9, 411, 369 


45 
108 


108-9, 369, 411 


267 
304 
308 
359 


42-46 
292 


383 


67 
“HOT: 
67 
67 
95 


ORDINANCES. 229 


CHIEF ENGINEER. 


Elected—of fire department, - - : - - 77 
Vacancy, how filled, : - - - - 78-79 
Duties, (see Fire DEPARTMENT, ) - - - - 72-93 
CHILDREN. 
Bonds for, how given, - - - - - 12 
If injure side-walks, parent or guardian shall pay for, - - 359 
CHRISTIAN SABBATH. 
Observance of, (see SasBatu,) - - . 298, 307 
CHURCHES. 
Not to be disturbed, - - - : - - 296 
How punished, - - - - - - 417 
CITY PROPERTY. 
Public, of the city, - - - - - - 251-274 
Not to be injured, - - - - - - 274 
All under direction of mayor and two presidents, except— 273, 274 
CITY PORTER. 
Mayor to appoint, - . = * - = 239 
‘¢ may remove, - - . - a = 239 
Salary, - - - - - - - 239 
His duties, - - - - - - - 239 
CITIZEN’S PATROL. 
Established, and duties ef, - - ~ - - 207-210 
CIRCUS. 
Licensed, and how exhibited, - - ~ - - 308-312 
Not permitted on Sunday, - - - - - 301 
Police shall attend, - - - - - “ 310 
CLEANING STREETS. 
’ See Streets, - - - - - 336-337 
CLERK OF CITY. 
Elected, bond, salary, - - - - : - 68 
Office and office hours, - - - - - 68 
Duty to keep record of ordinances, &c., - - : 33 
Keep record of board of aldermen, - - - 68 
Keep names of owners of licensed vehicles, - - - ae 
Shall enter bonds of licensed vehicles in book, - - 52 
Shall make index thereto, - - - - - 52 
General duties, - - - - - - 68 
Fees to be paid to treasurer, - - - = 2 69 
Duties as to burying ground, . - - - 49 
% ‘« issuance of licenses of carts, drays and wagons, - 69 
If bond not paid shall issue execution, - - = 7 
Shall record assessment of jury on streets, - = - 329 
‘¢ furnish assessor with list of voters, - - - 372 
‘¢ aid assessor of taxes, - - - - - 372 
“ file return of assessment, - - ae = 376 
Duty thereupon, - - - - - 377, 378, 379 
‘* as to action of mayor, - - - - 378 
Shall file and record tax collector’s receipts and reports, - 387 


Duty as to license tax, - - - - - 390 


230 INDEX TO 


CLERK OF CITY.— Continued. ; SECTION 
Shall notify printer of meetings of board of aldermen or con- 
ventions, - - - - - - - 68 
Shall notify mayor of non-attendance of reporter, - 68 
‘“« have printed on cards ordinance regulating coaches, &c., 68 
‘¢ deliver printed card with each license, - - . 68 
** keep a bulletin board with rates of all fees and charges, 68 
‘« keep bulletin boards at clerk’s office and police office, 68 
** collect tonnage fees, - - - - - 122 
‘* furnish assessor with alphabetical list of voters, - 372 
“¢ file assessment list and oath, - ~ - - 376 
‘« give notice to mayor and presidents of the board, = - 376 
‘* give public notice that assessment lists are filed, and to 
tax payers to object if they think proper, - 377 
Shall attend all meetings of court of assessment and record 
proceedings, - > - - ; - 378 
Shall report action of assessor’s court to the boards, - - 379 
CLERK OF MARKET. 
Elected, bond, salary, - - - - - 185 
Duties of, - - - - - - 186, 187, 188 
COACHES. 
See regulations for (CaBs.) - - - - - 58 
COAL. 
No burning coals to be carried in street, - - - 349 
Not to be carried into cotton warehouse, - a 97 
What is load of, - - - - - - 54 
Shall not be placed in a dangerous place, - - - - 96 
COFFEE HOUSE. 
To be licensed, - - - : - - 138, 139 
Duties of keeper, - - - - - - 140 
COMBUSTIBLES. 
To be placed as mayor, or one of aldermen or common coun- 
cilmen may direct, = = ; - - (96 
Fire wardens shall examine as to, - - - - 95 
COMMON COUNCIL. 
Member of may try all violations of ordinances, &c., : 6.7 
Attorney shall advise when requested. : - . 34 
Record of two boards kept by city clerk, - - - 68 
May authorize buildings to be torn down to check fires, - 85 
Duties of, as to fises, - . - - * 91 
One of board to investigate origin of fires, - . - 98 
Two of, on hospital committee, - - - 126 
Duty of, as to citizen’s patrol, r - - 208 
Shall co-operate with mayor in enforcing ordinances, - 215 
Duties of president, as to secret fund, - - ” 238 


Duty, as to assessment of taxes, ~ - 


ORDINANCES. 231 


COMMITMENT. SECTION 
Form of, - - - - - - - 23 
May be made by aldermen and councilmen, when,_~ = - 215 
hi 7 police, when, - - - . 220 
es +s ‘¢ in cases of disorderly conduct at shows, 
theatres, &c., - - - - - - 311 
CONCERT. 
Shall be licensed, - - - - - : 308 
Police shall attend, nl - - - - - 310 
CONTEMPT, f 
What is, and how punished, - - . . 8 
CONTRACT. ; 
Shall be examined by city attorney, - - - - 34 
Hospital committee shall approve when, - - - 126 
For opening streets and drains, how made, - " - 330, 
City engineer shall record all, > - - - 364 
eS es duty as to, - - - . - 328 
CONDUCT, DISORDERLY, &c. 
Forbidden, - - - - - ‘ 292 
+ in public houses, - - - - - 140 
ch on Sunday, - - - - - 305 
vie at theatre, - - - - ” - 311 
Drivers shall not be guilty of, - - . - 63 
CONVENTION. 
Meaning of in this code, - “ ~ 7 = 96 
Shall elect city printer, - - “ - - 9 
Attorney, - : - - a - - 34 
May direct officer suspended to resume his duty, - - 32 
Shall elect sexton, - - - - - 47 
sh ths’ ot clerk: aby oity,e. - - : 68 
“« “physician and surgeoii of hospital, - “ 128 
cen +S steward, - > - - ‘ 13a 
‘Oops Sanapectorof hays) - - sha ee 4 141 
‘Ca ACity, fuarzer, - - - . P 151 
«¢ «inspector of lumber, - - i 144 
ee ss of wood, - - - * 146 
J ele weights and measures, - - - 157 
2S eas es gas metres, - - - - 154 
‘6 o6 rT flour, - - ‘s " . 171 
a3 73 6 staves, - ba a n . 152 
6 street commissioner, . - ~ e 369 
«¢ superintendent of wharves, - - “ 408 
«clerk of market, - - Za us 185 
‘« four master mechanics, - - - é E 163 
«< «* ‘Keeper of powder magazine, - - 24] 
‘¢ “ city engineer, - - : . j 363 
=a ‘* assessor of taxes, - 3 . 379 
‘6 = collector of taxes, - i a n 381 


treasurer, - = “ a = 395 


232 INDEX TO 


CONTAGIOUS DISEASES, &c. SECTION 
See PEsTILENTIAL DISEASES, - - - . 104, 113 
Board of health, - - - - : 104 
Quarantine, - - - - - - 113-123 

COPIES. 

Of register of deaths, - - - - 49 
Fees of clerk for making, - - - - - 69 
CORD WOOD. 
How inspected, : - - - ~ 147 
Unsound and short, forfeited to hospital, - - - 147 
Drays shall carry only one-third of a cord, - > 148 
Seller shall set up posts, marked, : - 149 

CORPSE. 

How buried, &c., (Buryinc GrounDs,) = - 42-49 

CORPORATION. 

Includes “person,” ~~ - - ° - - - 27 

COTTON. 

Three bales is aload fora dray,  - : : 54 
Shall not be deposited on side-walk, - - - - SOL 
Shall not be deposited in street, way, ditch, gutter or drain, 336 


COUNTRYMEN. 
Shall have public stalls in market, fees, &c., 
COURT, MAYOR'S. 


Powers, &c., of, - - ot Rts 
May punish for contempt, - - 
Chief of police shall attend, - . 


Shall be held in municipal building, - 
COURT OF ASSESSMENTS. 


- 181, 194, 196 


- 6,7, 9,251 
5 “ 8 

- 216 
. - 251 


Duties of, - - - - - 377, 378, 379 
CRACKER, FIRE. 

Not to be discharged or fired, - : - - . 41 
DAMAGED. 

Mayor may prevent introduction of hides, goods, &c , 107 
DANGEROUS DISEASES. 

See Boarp or HEALTH, - - - - - 104 

Contagious diseases, - “ - - 104, 113 

Pest house, - - - - - - - 135 

Quarantine, - - - - - 113-123 
DEAD, BURIAL OF. 

How, (Buriat, anD BuryinG GrounpDs,) - - - 45-49 
DEAD ANIMALS. 

Not to be left on premises, - - ~ “ 108 

Nor thrown in docks, - - - - - - 415 

How removed, - - . - - 9, 369 
DEATHS, REGISTRY OF. 

Clerk shall keep, . - - - - - 49 

Sexton shall keep copy of, - - - - 49 
DECEASED PERSONS. ‘ 

To be buried only in graveyards, - - . 3 3 

See Buryine GrounDs, - . - - 42-49 


ORDINANCES. 233 


DEEDS, OR CERTIFICATES. SECTION 
For land sold for taxes, fas ~ - - - 383 
DEFAULTING JURORS. 
How punished, - - - - - - 176 
DELINQUENTS. 
How dealt with, (ORDINANCEs,) - - - - 6-14 
ei, ‘¢ in fence disputes, - - - - (a 
test Nig ** in nuisances, - - - - - 106-111 
As to citizen’s patrol, - . - ° - 209 
Tax payers, - - - . - . - 382-386 
‘* license payers, - - - F = 388-393 
DEPARTMENT, FIRE. 
Regulated and organized, (see F1rEs,) - - - 72-93 
DIORAMA. 
Shall be licensed, - - - - - - 308 
Police shall attend, - - - - - - 310 
DICE. 
Shall not be played for money, - - - - 99 
DIRT. 
None to be excavated from street, - - - - 336 
7; rT; 66 66 lot, _ m8 .. = 110 
Nor dug or haulded from street or ditch, - - "6 336 
If removed to be returned, - - - - 336 
DITCHES. 
Shall not be cut in streets, - - > - - 348 
No trash or obstruction to be placed in, - - - 336 
No dirt removed from, - - - - - 339 
DISORDERLY CONDUCT. 
Forbidden in public houses, - - ~ - : 140 
Persons shall not congregate at balls, etc., - - 37 
Drivers shall not be guilty of, - - = - - 63 
Persons shall be kept from fires, - - - - 91 
Duty of citizen’s patrol as to, - - - ° 210 
oh aldermen and councilmen as to, - - - Oth 
‘* police in case of, - - - - - 220 
Forbidden, - - - - - - - 292, 293 
* at theatre and shows, &c., - - - - 311 
To prevent and punish, . - - - - 292-3 
Mayor to suppress assemblies of disorderly persons, - - 296, 417 
DISEASES. 
Precautions against, (Boarp or HEALTH, ) - : 104 
Contagious and pestilential, - - : : - 113, 129 
Pest house, - - - - - - + 135 
Quarantine, - - - - - - - 113-123 
DISTRICTS, FIRE, 
Alarm bell, to denote, - - - - - 234 
DOCKS. 
Not to be obstructed, (see WHARVES,) - - - 411 


Trash shall not remain, - - - = BN Ase 415 


234 INDEX TO- 


Ogg i De ag ee 


DOGS. SECTIC 
Respecting, (see Pustic PounDs,)  - - - 283, 283 
DRAYS, CARTS, WAGONS. 
Shall be licensed, and fees fixed, - - - 50, 55 
Shall give bond, - - - - - - 50 
Sales and transfers of to be reported, - - - ay 
Duty of driver, when used for hire, - - - - 53, 54 
Fees—what is a load, - - - - - D4) 50 
Shall keep on right side of road, - - - - 290, 56 
‘have good reins or lines, - ~ - ah o7 
** not drive rapidly, . - - - - 57 
Fees for license, to clerk, - - - - - 69 
Not to obstruct the market,  - - - - - 186 
Not to be used Sunday, - . - - - 304 
Not to be left in street, - . - - - 336 
Not to be on side-walks,  - - - - - 351 
DRAINS. 
How made, - - - - - - - 328 
No trash, cotton, lumber, filth, &c., deposited in, - 336 
DRIVERS 
Not to load or unload on Sunday, - - : : 303 
Duties of, of carts, - - - - 50, 5i 
‘i cabs, - - - - - = 1 BS 46 
se drays, - - . - - SOAd 
Shall take loads, - - - - - - 53, ¢ 
Fees in drayage, - - - - : : 5. 
Shall keep on right side of road, - - : - 56, 290 
Of carriages, hacks, cabs, &c., shall take loads, - 60 
Fare, - - - - - “ ‘ 5 59 
Regulations for, of carriages, hacks, cabs, &c., —- - 63, 66 
DRIVING FAST. 
Forbidden, — - - ae Sigs - - 57, 64, 289 
DRUMS. 
Shall not be beaten, except on parade occasions, - . 39 
DRUNK. 
Persons in streets, how dealt with, - - - - 293 
DUTIES. (See various HEADS.) 
EATING HOUSE. 
Shall be licensed, - - - - - - 139 
Duties of keeper of, - . - > - - 140 
Sunday ordinances does not apply to, unless, - . 299 
EMPLOYER. 
May give bond for minor, - - - - - 12 
ENGINES, FIRE. 
Regulated, (see Frres,) - zB - . =)/°7Q=09 


Shall not run on pavement, - - 35) 


ORDINANCES. 235 


ENGINEERS. SECTION 


Chief elected, - - - - - - - 77 
Assistants elected, - - - - - - 77 
Vacancy, how filled, - - : - - - 78,79 
Shall"be furnished with trumpets and hats, - - - 86 
See Fires, - - - > - ; - 72-93 
ENGINERR, CITY. 
Of city elected, - - - - - 363 
Office, office hours, duties, - - - - - 364 
Duty of as to streets, - - - - 365, 366, 367 
- ty numbering houses, - - - - 339 
¢ % shelling, &c., streets, - - - 366, 332 
No building erected unless applied to, - - - - 334 
Shall make maps, field-notes, &c., - - - - 365 
Mark out all streets, the grades, &c., - - - - 366 
Shall aid assessor of taxcs, - - - - - 375 
He shall procure ward book, - - - - - 367 
Shall enter each lot and square therein, - - - 367 
s¢ #* in said books when lots are sold, - - - 367 
** examine public records in relation to sale of lots, = - 368 
Fees for information as to ownership of lots, - - - 368 
Shall attend sales of lots for taxes, - > - 368, 383 
Shall take possession of lots purchased by city at tax sales, 383 
Mayor and presidents of the boards may appoint an assistant, 368 
Shall report to mayor housesand walls in dangerous condition, 364 
ENGROSSING. 
Forbidden, - - - - - - - 197 
ENTERTAINMENT. 
House of, shall be licensed, = - - - - 139 
«duties of keeper, - - - - - 140 
EPIDEMIC. 
Precautionary measures for, (BoaRD oF HEALTH,) - - 104 
‘‘ Pestilential’’ diseases, - - - -/ - 113 
Pest house, - - - - - - - 135 
Quarantine, - - - - - - 113-123 
EQUESTRIAN PERFORMANCES. . 
Shall be licensed, - - - ~ . : 308 
Police shall attend, - - - 2 : 310 
ERECTIONS. ‘ 
May be removed, when, - ss 2 a : 9 
Not to be made of house, unless on application to city en- 
gineer, &c., - - - - - - 334 
Of partition fences, how made, - - - Hi Vaal 
May be pulled down during fire, - 7 - - 85 
No erections east of Front street, - - ~ - 337 
See Buitpines, STREETS, NUISANCES. 
EXECUTIONS. 
Form of, - - - - - - - 1b eed | 


30 


236 INDEX TO 
EXHIBITIONS. 

Shall be licensed, - a ice 

Not permitted on Sunday, - - 
EXPENDITURES. 

On the cemeteries, how made, - - 


EXTE 


Account of shall be kept by treasurer, 
To repair fire apparatus by city, + 
To buy trumpets and hats for engineers, 
Hospital committee shall report, - 
Of secret fund, mayor shall report, 


NSION. 

Of streets, how made, - = 
Not to be, unless by consent of city, 
All now open are public, - - 
The act of, a dedication, - . 


FACTCRY. 


Soap and candle, how established, - 


FAME, ILL. 


Persons of, how dealt with, - 


FANCY BALLS. 


Shall be licensed, . = a 
FARE. 
Of cabs, carriages, hacks, &c., - 
Drays, carts and wagons, - = 
FARO BANK. 
Forbidden, - ~ - 
FAST DRIVING. 
Forbidden, - - ~ = 
FEES. 
Burial, - - a 
Clerk’s, paid into treasury, - - 
Inspector of hay, - - A 
City gauger, - « - 
Inspector of lumber, - = 
ry fire-wood, - - 
“s staves, - - 
a gas metres, - - 
a flour, - - 
Chimney sweeps, . - - 
Master mechanics, - - 
Clerk of market, - - - 
City prison, - - 3 
Keeper of powder magazine, - - 
For bond, - ° s : 
Tax collector, - - - bs 
Tax assessor, - = 4 
FEMININE. 
Includes ‘ masculine,” 4 : 


SECTION 
c 308 
- 301, 302 


57, 64, 289 


- 49 
: 69 
: 141 
alah Ex 
: 144 
: 146 
4 152 
Z 154 
: 171 
J 69 
: 168 
188 
- 233 
- 243, 248 
24 
“ 381 
374, 380, 389 


ORDINANCES. 237 
FENCES. SECTION 
Partition, how erected, - - - - . rig 
Disputes in relation to, how settled, - - - - rat 
In graveyards, - - = - - - 47 
Not to be injured, - - - - - 292 
When to be erected or changed, shall apply to city engineer, 366 
FEVERS. : 
(See Contactous DisEasEs,) to prevent, &c.,  - - 113 
‘* Boarp oF HEAaLTH,)~ - - - > - 104 
“QUARANTINE, ) - - - - - 113, 123 
““ Pest Housk,) - - - - - - 135 
FILTH. 
Not to be left on premises, - - : - 106, 108 
«« remain in docks, - - - - - 415 
To be placed in front ef premises, when, - - - 111 
Not to be thrown in street, drain, gutters, &c., - 336 
aie ot docks, - - - - 415 
FIGHTING. 
To prevent and punish, (see QUARRELING,) - - - 292 
FINES. 
Shall be for the benefit of the city, how enforced, - 6 
Limited from one to fifty dollars, - - - - il 
Not affected by repeal of ordinance, - - - 14 
Of fire department, how appropriated, - - - 93 
FIRES. 
Fire department organized, - - - - 72 
Powers, duties and privileges, - a - > Se be Fr 
Duty of each company to keep apparatus in good order, - 73 
Members, &c., exempt from head tax, . - - (ec: 
Duty of foreman, - - ; - - - 74 
Duty of members when an alarm of fire, - - - 75 
Engine not to be moved except by members, - - 76 
Officers must report, - - - - - - 76 
Chief engineer and assistants elected, - - - 77 
Vacancy, how filled, of engineer, ~ - - - 78 
yy < as assistant, - - - - 78,79 
Who qualified to vote for officers, - - - > 80 
Secretary shall furnish lists of members, - ~ - 80 
Duties of chief engineer, - - - + -. $1, 82 
Duty of officers to obey engineer, - - - 81 
All persons attending fires shall assist when called on by an 
officer or fire warden, - - - - - 83 
How buildings may be pulled down, = - - 85 
No expelled member or person under 18 to be .admitted a 
member of company, - - - - - 88 
One fire warden for each company elected, ques &e., - 89 
May elect president and secretary, - = -S 90 
Duty of police on alarm of fire, - - ° é 91 
Engine, hose cart, &c., not to be run on pavement, - 355 
Fire department association, - - a ~ - 99 


238 


FIRES.— Continued. 


INDEX TO 


All fines under fire ordinance to be paid to, 


Fire limits, no wooden buildings within, 
Wardens shall examine buildings, yards, &c., 


Chimneys shall be swept, 


Combustibles shall be placed as directed by mayor, &c,. - 


Fire-arms nor works to he let off or discharged, 


No burning coals nor brands to be carried in streets, 


Board of, to investigate origin of, 


Duties, - - - 
Fire alarms, how made, 


FIRE-ARMS OR WORKS. 


Not to be let off or discharged, - 


FIRE DEPARTMENT. 


Organized, &c., (see Fires, ) 


FIRE ENGINE. 


Companies organized, &c., (see Fires,) 


FIREMEN. 
Organized. See Fires, 


FIREWORKS, OR ARMS. 


Not to be let off or discharged, = - 


FIRE-WOOD. 


How inspected, (see Woop,) - 


Only one-third of cord to be hauled by one horse, 
Unsound and short forfeited to hospital, 


Seller shall set up aad mark posts, to measure, 


FIRE-PLACES. 
Wardens shall examine, 
FISH. 
Stalls in market set apart 
Fees for vacant or public 


for, 
stalls, 


Not to be sold, except in market, - 


FLOUR, INSPECTION OF. 
Inspector, how elected, 
Bond and fees, - 


Duties, - - - 


Weight of barrel or half barrel,  - 


Inspector not to be interested in purchase or sale of, 
Owner to report receipt of flour to inspector, 


Must examine each barrel and half barrel, 


No one shall sell condemned flour, nor erase or alter brand, 
Inspector must require seller to produce license, 


FLYING KITES. 


Unlawful, - - 
FODDER, INSPECTION OF. 
FORESTALLING. 


Prohibited in market, - 


(See Hay.) 


- 


SECTION 
92 
94 
95 
67 


197 


ORDINANCES. 239 


FORFEITURE SECTION 
How enforced, - - - - - - 6 
From one to fifty dollars, © - - - - 11 
Inspector of fire-wood shall report, - - - 147 
a weights and measures shall report, - - 160 
Of proceeds of nuisances, when sold, - Cae 270, 412 
FRONT STRERT. 
No erections east of = - - - - - - 337 
Shall be 70 feet wide, - - - - ; 338 
FUEL. 
Not to be placed where it is dangerous, - - - 96 
FUND, SECRET 
Provided and regulated, - - - - - 236, 238 
FUTURE. 
Includes ‘ present,” = - - - - - - oF 
GALLERY. 
How erected over side-walk, - - - - 354 
GAMING. 
Prohibited, - > - - » - - 99 
Tables prohibited, - : - - - - 99 
No licensed retailer, hotel, tavern or boarding-house shall 
permit, - - - - > nif - 101 
No games or sports on Sunday, = - - . - 301 
GAS METRES. INSPECTION OF. 
Inspector of, how elected, . . - . - 154 
Bond and compensation, - - : - - 154 
His duties, - - - - - - - 155 
Shall report irregular metre to mayor, - - - 155 
No one shall resist him in performance of duty, - - 155 
Must examine and report quality of gas to mayor, - 156 
GAS-WORKS. 
How taxed, - - - - - - - 370 
Sunday ordinance does not apply to, - - - 307 
Shall not make out false bill, - - - - - 155 
Must not furnish gas of inferior quality. - - - 156 
Must not make out average bills, - - - - 156 
Must not refuse to supply gas, - - : 156 
GATES. 
Not to open on streets or side-walks, - > - - 351 
GAUGER, CITY. 
Elected, - - - - - - - 15t 
Duties of, - - - - - - - TSE 
Fees, - - - - - - S 151 
Shall brand each cask or package, - - - - 151 
Not to apply to lager be: r, ale or porter, - - - 151 
Nor to liquids in transitu, - . : - - 151 
Shall require owner to produce license, = - : 151 
GIGS. 


Shall be licensed, - 8 + : : < 58 


240 INDEX TO 


GOODS. SECTION 


May be removed if nuisances, - - - - 9 
Licensed to hawk and peddle, how, - _- - 102 
Mayor may prevent introduction of damaged, - - 107 
Not to obstruct street or side-walk, - - = 336 
GOOD BEHAVIOR. 
Bonds for, how given, - - - - - - 12 
To be preserved by police at all shows, exhibitions, &c., - 310 
At theatres, to be preserved, - - - - - 3L1 
To be preserved, - - - - - - 292,299 
GRADES. 
Of streets, to be made, - -. - - > 328 
Shall be ascertaiied by city enginecr, when application to 
shell or pave, - - - - - - 344 
Of side-walks, - - - - - - - - 366 
Of licenses for business, = - - - - 388 
GRAIN. 
Standard weight of, — - - = - - - 162 
Must be sold by standard weight, - - ~ - 162 
GRAVES. 
How dug and protected, (Bury1nc GRrounDs,) - - 42, 49 
GUARD. 
Organized and duties, (see Pottcr,) - - - 220 
Office of, in municipal buildings, - - - - 261 
GUARD HOUSE. 
Established, &c., (see City Prison,) - - - 227 
GUARDIAN. 
May give bond for minor, - - - - 12 
Shall pay for minor’s injury to side-walk, - - - 359 
GUN. 
Not to be discharged in city, - ~ ~ * 4 97 
GUNPOWDER. 
Keeping provided for, (see PowpER, ) - - - 241, 250 
Fire wardens shall examine where it is stored, - - 95 
HACKS. 
Shall be licensed, - - - . < ‘ 58 
Fare and load, - “ - - - - =i D9; 0U 
Shall have lamps lighted at night, - - - - 62 
Duty of drivers, - > - - - - 63 
Not to be engaged in racing, - - ct - 64 
Shall have copy of ordinance in each, - - - 65 
Fee for license to clerk, — = - - -- - 69 
Not to be driven on side-walk, - - > - 351 
HARBOR MASTER AND PORT WARDENS. ; | 
Shall notify mayor of violations of quarantine ordinance, jp le 
Shall see that vessels have quarantine permits, - - 121 


Shall report to city clerk arrival of vessels liable to pay 


quarantine fees, - “ u 2 is 199 


ORDINANCES. 


HAWKING AND PEDDLING. 


Shall be licensed, = s 4 s Z 7“ 


Of meats and vegetables, prohibited, except, - - 


HAY, FODDER, SHUCKS, AND OTHER FORAGE. 


HEAD TAX. 


Inspection of, - - - - e “ 

What is a load of, - . - - z 2 
Not to be deposited in street, drain, &c., - . - 
Fees of inspector, - - - a 2 r 
Duties of, - - 7 “ a A 
On all males between twenty-one and sixty, - - 
Fire department exempt from, - - - - 

HEALTH, BOARD. 

Organized, duties, - - - - ~ : 
Citizens shall not prevent or obstruct, - ~ - - 

Trash or rubbish shall not remain on premises, = - - 
Nor in docks, - - ~ = ss bs 4 


HEALTH. 


Mayor may prohibit introduction of damaged goods, hides, &c., 
No dead animal or filth to be left on lot, except, - - 
No slaughter-pen or butcher-house, - - - 

No excavation where water may stand, - - - 
Filth and trash to be placed in front of premises, on Tuesday, 
Thursday and Saturday, - - - - 
Regulations may be enforced by mayor at expense of owner, 
Quarantine established, but not to be enforced until proclaimed 

by mayor, who shall define the length of time for its con- 


HEARTHS. 


HIDES. 


HIGHWAYS. 


HORSES. 


tinuance, = - ~ - “ = - 
Soap or candle factory, &c., shall not be permitted until board 
of health assent to, = - - - . 
Wardens shall examine, ~ - - - - 
Mayor may prevent introduction of, - - - 
Regulated, &c., (see STREETS,) | - . “ 
HOOK AND LADDER. 
Companies, of, (see Fires, ) - - - - 
HOSE COMPANIES. 
Authorized, &c., (see Fires,) - - - - 
Carts, ss : 3 be . 
Not to be tied to tree or shrub in graveyard, - . - 
Drivers of to have good reins or lines, : - - 
Not to be driven rapidly, . - : - - o7, 
Drivers shall remain near, - . - - - 
Dead not to remain on premises, - - * ie 
Not to obstruct the market premises, - . - 
Not to run in public parks, - - - - i 


Not to be driven on Sunday, - - - ‘ 


SECTION 
101 
103 


141, 142 
54 
336 
141 
143 


o7 1 
73 


104 
105, 106 
106 
415 
107 
108 
109 
110 
111 
112 
113 
70 
95 
107 


333, 343 


72, 93 


242 INDEX TO 


HORSES.— Continued. SECTION 


Not to be driven on side-walk, - - - - 351 
How sold in streets, - - - - - 351 
Posts may be set up to tie, - - - - - 304 
HOSPITAL. 
City hospital established, - - - - 124 
Hospital Committee, - - - - ‘° - 125 
Duties of, - - - - - - 126 
When applying for money shall state object, - - 127 
Physician and Surgeon elected, - - - - 128 
Duties of, - - - - - - - 129 
May appoint two students, how, - - - 130 
Students to act as apothecaries, &c., - - - - 130 
Steward to be elected, . - - . - Tal 
Duties of, - - - - - - - 132 
Regulations as to admission of paupers, - - - 133 
“ te paying patients, - 134, 135 
Pauper lunatics may be removed to, - - - 136 
Pest House, - - * - - - - 135 
: security to be given, = - - - 135 
Private Hospital, how established, - _ - - 137 
Mayor and committee to have access to at all times, - 137 
Short and unsound wood exposed for sale forfeited to city 
hospital, - - - - - - - 147 
HOUR. 
To be cried by alarm sentinels, - - - - 234 
HOUSES, PUBLIC. 
Chimneys shall be swept, - : - - - 67 
Nor fire-arm or work to be discharged in, - - - 97 
No gaming permitted in, - ~ - - 101 
Out-houses may be examined by board of health, - 105 
Filth, &c., not to remain on premises, - - - 106 
Filth to be placed in front, on Tuesday, Thursday and Saturday gl 
Retailers licensed, conditions and duties, - - - 138 
Tavern, boarding-house, coffee-house, restaurant, eating-house, 
and all houses of entertainment licensed, - - 139 
Duties of keepers of, - - - - - - 140 
Shall not be kept in a disorderly manner, - - + 140 
How much powder may be kept in, - : - 245 
HOUSES. 
How assessed, - - - - . - . 375 
Carriages, hacks, cabs, buggies, &c., shall not stand before, 
except, - - ° - - + - 66, 63 
Wooden shall not be erected in fire limits, 7 * - 94 
Fire warden shall examine, = - - . - se 95 
Chimneys shall be swept, - - - - : 67 
No fire-arm or work to be discharged in, - ° < 97 
Out-houses may be examined by board of health, - - 104 
Shall be kept clean, - - - = = a 106 


Butcher and slaughter, forbidden, - - - =. 109 


ORDINANCES. 243 


HOUSES.-— Continued. SECTION 
Filth, &c., not to remain on premises, - - - 108 
ot placed in front, on Tuesday, Thursday and Saturday, 111 
How much powder may be keptin,_— - - - - 245 
If front on street, not to be erected until city engineer desig- 
nate Jine, - - - - - - - 366 
To be removed, if dangerous, - - - ~ 364 
City engineer shall report, - - - - . 364 
Ay e ‘¢ number houses, - . - 340, 342 
Side-walks, before, to be swept every day, - - - 356 
HOUSE OF CORRECTION. 
Offender failing to pay fine, confined in, - - - 7 
Building occupied as city prison to be used as, until otherwise 
provided, - - - - - - 416 
Prisoners sentenced by mayor’s court to be confined therein, - 416, 418 
HOUSE OFFAL. . 
Board of health may direct as to, - Cie - - 104 
Not to remain on premises, — - . - - 106 
To be placed in front of house on Tuesday, Thursday and 
Saturday, - - - . ~ - - LEY 
Not to be thrown into street, drain or gutter, - - 336 
HYDRANTS. | ; 
Not to be injured, &c., - -— - - - 397 
See WaTER Works, - - - - - 397, 406 — 
ICE. 7 
Sunday ordinance does not apply to ice-house, - - 307 
IDLE AND DISORDERLY PERSONS. 
ai How dealt with,  - - - - - - 292, 293 
Shall not congregate at balls, &c., - - - - 37 
Shall be kept away from fires, -" - - - 91 
ILL FAME. , 
Persons of, how dealt with, = - - - - - 293 
IMPRISONMENT. 
May be imposed when fine is not paid, = - - - 7 
= “7 *« “arrested, until examined, by order of 
aldermen or councilmen, - - - - 215 
IMMORAL CONDUCT. 
No person shall appear in dress not belonging to his or her sex, 295 
Indecent or lewd behavior forbidden, - - - 295 
Selling lewd books and pictures forbidden, = - - - 295 
Disturbing religious worship forbidden, —- - - 296 
Posting indecent advertisements or notices forbidden, - 297 
May be sent to work house or house of correction unless bond 
be given, - - - - - - - 417 
INDEX. 
Of records, shall be kept by clerk, - - - 68 
INDECENT CONDUCT. 
Forbidden in public houses, — - - - - - 140 
To prevent and punish, - - - - = 292, 293 
Forbidden at public exhibitions, - - “ = 311 
Shall not be guilty of, . - - - = 292,293 


31 


244 ' INDEX TO 


INFECTIOUS DISEASES. 


SECTION 
Duty of hospital physician as to, - - - 129 
+ board of health, - - - - 104 
Pest house, - + - - - - 135 
Quarantine, - + - - - - 113, 123 
INNS. 
See Pustic HouskEs, - - oh ES aoe - 138, 139, 140 
INSPECTION, 

Of hay, fodder, &c., regulated, = - - - - 141 
“* liquids regulated, - - - - - 151 
‘¢ lumber - - - - - 144 
“ fire-wood regulated, - ~ - - 146 
‘* weights and measures regulated, - - - 157 
‘* work done on buildings és + - - 163 
“staves regulated, - - - - 152 
‘¢ gas metres regulated, | - - - - 154 
‘« flour regulated, - - - - - 171 
‘* master mechanics, - + - - - 163 
Inspector of hay elected, ~ - - - - 141 
Duties and fees, - - - - - 142, 143 
Shall keep book of weights, and give certificate, - 143 
Shall mark net weight, - - - - 143 
Gauger elected, - - - = - - 151 
Duties and fees, - - ee tie ae - 151 
Duties of owners of liquids, - - - - 151 
Inspector of lumber elected, - - - - 144 
Duties and fees, - - - - - 145 
Inspector of fire-wood elected, - - - 146 
Sha!l keep an office, duties and fees, - - . 146 
All wood to be inspected, how, - - - 147 
Short and unsound forfeited to hospital, - - 147 

Duty of as to carts and drays, not more than one-third of 
a cord at a load, - - - - - 148 
Persons selling wood shall set up posts to measure the wood, 149 
Inspector of weights and measures elected, - - 157 
Duties and fees, - - - - . 157, 158 

All persons shall permit inspection, and shall not sell by 
incorrect weights, - - - - - 158, 161 
Committee of master mechanics elected, - : 163 
Duties of, - - - + - - 164 
Vacancies, how filled, - - - - 167 
Fees, and mode of recovery, - - ° ° 168 
Oath, - - - - . - 170 
Inspector of staves elected, - . - - 152 
Duties and fees, - . - - - 152 
Owner shall report to him, - - - - 153 
Inspector of gas metres elected, - - - 154 
His duties, - - - - - m 155 
Inspector of flour elected, - - - - 171 
His duties, - : - - - - 172 
Not to be interested in purchase or sale of, : 172 


ORDINANCES. 245 


INSPECTORS. (See Inspection.) SECTION 
Of partition fences, - - . - - 71 
INSPECTOR OF ANIMALS. 
(See Pusitic Pounps,) - - - - - 275,288 
INSURRECTION. | 
Duty of mayor in case of, - - - - : 204, 202 
< chief of police, - - - - - 216 
- aldermen and councilmen, - - - 215 
“ police and watchmen, e - - - 216, 221 
iB alarm sentinel, . - . - - 235 
TRON. . 
Posts and columns on side-walk to be, except, - - 354 
JOURNEYMEN. 
Not subject to license tax, - - - - 388 
JURORS. 
Tn opening, &c., streets, &c., - . - - . 329 
Defaulting, how punished, - - - - 176 
KEEPER. 
Of powder magazine elected, - ~ ~ - - 241 
Duties, (see PowpER MaGaAZINE,) - - - 242, 250 
Of city prison appointed, - - - - - 228 
Duties of, - - - - - - 229, 233 
Shall give and take receipts when persons are committed , 
and discharged, - - - - - 231 
Shall keep book setting forth particulars, cid se 231 
‘¢ furnish proper food, &c., to prisoners, - - 231 
‘< keep prison clean, &c., - - - - 231 
“« weekly report to mayor names of prisoners, - 231 
Fees, . - - - - - - 233 
Shall deliver to prisoner all food and clothing except— 232 
‘* permit interviews with relatives and counsel, - 232 
“* inspect all articles of food and clothing, - 232 
KITES. 
Unlawful to fly, - - - - - - 40 
KITCHEN STUFF. 
Shall not remain on premises, - - - - 106 
‘« be placed in front on Tuesday, Thursday, and Saturday, 111 
Not to be thrown in'street, gutter, drain, &c., - - 336 
LABOR. 
Adjudged for non-payment of fine, - - - 7 
Failing to give bond, confined to, - - - - fa 
What is day’s work, - - - - - 418 
Not to be performed on Sunday, - - - 298, 305 
LAMPS. 
In carriages, cabs, &c., to be lighted, - - a, 62 
In the market, - : - - - - 187 
In the streets, not to interfere with, - - - BS 274 
Shall have names of streets painted on, - - S 343 
LAND. 


How taxed, ~ - - - - - - 375 


246 INDEX TO 


LANE. SECTION 
Drivers in to keep on right hand side, - : - 290) 
City Engineer shall supervise work on, - - - 366 
LEASES OR RECEIPTS 
For stalls in market, = - - - ae 180, 272 
“* stores” ra . - - - - - Die 
LEWD PERSONS. 
« How dealth with, - - . - - - 292 
Shall not congregate at balls, &c., - - - - 37 
May be sent to work-house or house of correction unless bond 
be given, - - . - - - 417 
LICENSES. 
For carts, drays, and wagons, - - - - - 50 
‘“‘ cabs, carriages, hacks, and gigs, . - - 58 
** omnibus, buggy, sulky, - - - - - 28 
‘* soap and candle factory, - ~ - - 70 
‘¢ sale of spirituous liquors, - - - - - 138 
‘* tavern, coffee-house, boarding-house, - - - 139 
‘* restaurant, eating-house, - - - - - 139 
And all houses of entertainment, - - - - 139 
For retailers, - . - - - - - 101 
Revoked, if gaming is permitted, - < - - 101 
To hawk and peddle, - - - - - - 102 
‘* pawnbrokers, = - - - - - Pa 
For shows, theatrical exhibitions, balls, - - - 308 
“* feats, musicians, &c., - - ~ - - 308 
Who subject to license tax, - - . - - 388 
Assessor shall assess—objections to, how made, - - 389 
All business pursuits and professions shall have, - - 388 
Mechanics, journeymen, laborers, clerks, book-keeper, minister 
of the gospel, teacher of school, salaried officers, &c., 
except, - - - - - - 388 
Retailers, &c., not within its operation, - - - 392 
Fees to clerk for issuing, - - - - - 69 
LICENSED HOUSES. (See Licenses.) 
LICENTIOUS PERSONS. 
Shall not congregate at balls, &c., - - - - 37 
How dealt with, - - - ee pa - 293 
LIGHTS. 
In carriages, cabs, &c., - . - - - 62 
“* markets, - - - - - - 187, 199 
“* streets, not to be interfered with, or extinguished, - 274 
LIMITS, FIRE. 
Fire limits established, . - iP hs - 94 
No wooden buildings shall be erected in, - - : 94 
How side-walks made in, - - - - - 352 
‘s oe * outside, - = . : 353 
LIQUORS. 
To be inspected, - ag i A : 4 151 
Duty of owners, - . 4 A 7 3 151 


ORDINANCES. 247 


LIQUOKS.— Continued. : SECTION 
What is load for dray, &c., - - : - 54 
Retailers of Spirituous, - . - . 138 
Not to be adulterated, - . ‘ 3 138 

LISTS. ' 

Of property for taxes, - - - J ‘ e 389 
‘* voters for assessment, - - - ~ - 372 
** assessments, - - - = . c 376 
Mayor's warrant to collector, - - . 4 380 

LIEUTENANT OF THE WATCH. 

Appointed, - - - - ° . f 219 
Duties of, - - - - - = : 290 

Office in municipal buildings, - - 3 pi 260 

LIVERY STABLES. 

Fire warden shall examine, a - - 95 

Shall be kept clean, - - - — A as 106 

Sunday ordinance does not apply to, - - - 307 

Manure not to be deposited in street, drain, &c., - - 336 

How removed, - - - - : : 106, 108 

LOAD. 

Of dray, cart, &c., and fee, - - - . =, 104, 55 
** vehicle for hire, - - - ‘ si 59 
Driver of dray, cart, &c., shall take, - - . Fs 53 

e carriage, cab, hack, &c., shal take, - - 60 

LOTS. 

May be examined by board of health, - - “ 104 

Vacant, shall be fenced, - - - - 177 

Nuisance not permitted on, - - - a ‘ 106 

In graveyard, how sold, &c., - - . 49 

Fire-arms or works, not to be discharged in, - - a 97 

Shall be kept clean, - - - “ 2 106 

Earth not to be excavated so that water may stand on, - 110 

Mayor may require to be cleaned and purified, - - 112 

Filth, &c., to be placed in front on certain days, - - 111 

Owners shall make side-walks, how made, - - 352 

Side-walk before, to be swept every day, - - ¢ 356 

City engineer shall survey, - - ° . 366 

LUMBER. 

~ How inspected, &c.,  - - = . 2 144 
Duties of inspector, - - - as s 145 
Shall not be placed where it is dangerous, - - w 96 
sie ‘¢ in public square, - - A 365 

How placed, when building in street, - - * = 335 

Shall not be placed in street otherwise, - . 336 
“ ‘¢ hauled so as to touch street, - > is 337 

Not to be deposited on side-walk, - . - 4 336 

LUNATICS, PAUPER. 

May be removed to city hospital, - - = : 136 


MAD DOG. (See Pustic Pounps.) 
Relating to, - - = - - - 283 


248 


INDEX TO 


MAGAZINE, POWDER. 
See PowpeERr; regulations of, - - - - - 241, 250 


MALIGNANT DISEASES. 


Duty of hospital physician as to, - - - - 
ee board of health, - - - me - 

Pest house, - - - - - “ 

Quarantine, oo be - - - = ~ 
MANURE 

Shall not remain on premises, - - - - 

How may be removed, - ~ - - - 

Not to be deposited in street, drain, &c., - - - 
MAP. . 

Sexton shall keep, of graveyard, and, — - - . 

Clerk shall keep copy, - ~ , - - 

City engineer shall make, of city, and keep, - - - 
MARKING. 

Vehicles shall have numbers marked on, - - - 

Hay shall have weight, - - - L e 
MARKET. 

Southern, Dauphin street and Ann Street, established, —- 

Mayor and market committee shall fix price of stalls in, - 

Renting, how, when, and terms of, - - 180, 

Public stalls set apart in, - - - ~ - 

Fish stalls, - - = a a A 


Mayor and market committee to determine what portion of 
market shall be used for sale of different commodities, 


Lessee not to sub-let, but may sell entire term, - ~ 
‘¢ on selling shall notify city clerk,  - - - 
Clerk of, elected, bond, salary, - * A = 


Duty, to attend, maintain order, decide disputes, keep 
weights and measures, to seize and destroy false weights 
and unwholesome provisions, to cause market to be 
swept and kept clean, to ring the bell, and light the 


market, - - - - - - 
Fees, - - - - - - ° 
Market hours, - - - - - 187, 
7 y on Sunday, . 5 é . 
Butchers shall sell by retail, - - - ut 
Meat shall not remain in stall in summer, - - - 
“« how hung up, skins not to be exhibited, - - 
No unsound or impure provisions shall be offered, - - 
How meat, &c., weighed, - - - - - 
No one but lessees of stalls shal] hawk or peddle in the streets, 
Commission merchants may sell beef by the quarter; - 
Regular butchers not to use public stalls, - - - 
Non-residents may sell on public stalls, —- - . 
How and when fish may be sold, - - s : 


Persons using vacant stalls, carts and wagons, shall pay, - 
Forestalling and speculating forbidden, - - - 
No article to be taken without consent of owner, - - 


SECTION 


129, 


106, 


129 
104 
135 
113 


108 
108 
336 


47 
49 
365 


61,51 


181, 


143 


ig 
180 
182 
181 
182 


183 
184 
184 
185 


186 
188 
189 
189 
190 
190 
190 
191 
192 
193 
193 
194 
194 
195 
196 
197 
197 


ORDINANCES. 


249 


MARKET.— Continued. 


SECTION 
Butchers and all others shall wash the stands they occupy, - 198 
No person shall meddle with lights, - - - 199 
Stores in Southern to be rented, - 5 te : . 271 
‘¢ directions for, - - . = * 972 
No person shall buy in one market to sell in another, without 
fee to each, - - - - = < ‘ 197 
MASKED BALLS. 
Not to be held unless permitted by mayor, — - - - 37, 308 
MASCULINE. 
Includes feminine and neuter, - - - - 27 
MAYOR. 
May try all violations of ordinances, - - - - Gyid, 
May select ordinance to try offender, : - - 10 
Powers of persons acting as, - ~ - - - 9 
May suspend or remove any officer, - - - 32 
Vacancy, how filled by him, - - : - - 32 
May permit masked or public balls, ~ - - 37, 308 
Shall issue dray, cart, &c., license, - - . - 50 
Duties, in dispute, about fences, - - - - 71 
‘« when board to investigate fires report to him, - 98 
May prevent introduction of hides, goods, &c., - - 107 
‘¢ remove vessels that are nuisances, how, - - 9 
‘¢ enforce health regulations, - - - 104, 105 
sé st quarantine, how, - - - - 121 
‘* grant permits to paupers and paying applicants te city ° 
hospital, - - - - - - - 133 
‘¢ suppress assemblages of disorderly persons, - - 296 
‘¢ with president of the two boards appoint wharf com- 
mittee,- - - - - - - - 407 
Shall cause names of streets to be placed on corners, - 350 
Mayor and presidents of the two boards shall appoint assistant 
to city engineer, - - - - - - 368 
Mayor and presidents of the two boards shall assess taxes and 
licenses, - - - - - - 371 
Mayor and presidents shall hear and decide objections to 
assessments, - - - - - - 378 
Shail issue warrant to assessor, - - - - 380 
a s = tax collector, - - - - 380 
‘* appoint superintendents and assistants of chain gang, 418 
May appoint superintendent of animals, - - . 275 
, ‘ city porter, - - - - - 239 
‘¢ authorize buildings to be torn down to check fires, - 85 
Shall have free access to private hospitals, - - 137 
May revoke licenses to public houses, - + - 101 
Duty as to renting stalls in market, - - 181, 182, 183 
~ May call out military, - - - - - - 204 
Duty as to citizen’s patrol, - - - - 208 
$ pawnbrokers, - . - - - 213 
af city police, - - - . . 215 


250 INDEX TO 


MAYOR — Continued. SECTION 
Duty as to keepers of city prison and deputics, . - 228 
by alarm sentinels, - - - - 228 
% secret fund, - - - - - Pays 
Duty to act on hospital committee, - - - 125, 
Court room, - : - - - - “ 251 
Place of office, - . eA . - - 254 
May appoint police for theater, - + “ = S11 
‘license shows, exhibitions, &c., - - - 308 
Duty as to opening, &c., streets, - - ~ 020; 329 
ie shelling, paving, &c., = - - - 346 
ss assessment of taxes, - - - 377, 378, 379 
May issue blank license to assessor, - - - 390 
Attorney shall advise when requested, - - - 34 
Shall provide wagon or cart for keeper of powder magazine, 243 
May require wal], house, or erection, to be removed if of 
opinion that it is dangerous, - - - - 337 
MEASURES. 
Inspection of, and weights, - - - - 157, 161 
Duty of clerk of market as to, - - - - 186 
What are to be used in market, -. - - - 158 
MEATS. 
Butcher shall sell in any quantity, how, ms = “ 190 
What part of market shall be set apart for sale of, - 183 
Peddling and hawking of, prohibited except, - - 193 
Impure, unwholesome or unsound to be seized, = - 191 
Not to remain in market in summer, - - : fh 190 
Commission merchants may sell beef by the quarter, - 193 
MECHANICS. 
Committee of, elected, &c., = - - - - 163, 170 
Exempt from license tax, when, = - - J 388 
MERCHANDIZE. 
License for peddling, - - . - - « 102 
MILITARY. 
Ist vol. regiment armory, - - - - - 201, 202 
Mayor may call out, - - - - - - 904 
MILK. ; 
Impure or wartered not to be sold, - - € 205 
Sunday ordinance does not apply to carts, - - = 307 
MINORS. 
If required to give peace bond, guardian may give, . 1937 
If injure side-walk, parent or guardian shall pay, - - 359 
MULATTO. 
Includes ‘‘ negro,” - - 238 rt 2 27 
MUNICIPAL BUILDINGS. , 
Declared, - - 4 is c bs L 951 
Mayor’s court in, - - - Q : ag LAY 
Aldermen shall meet in, - - i ; ‘ 952 


Common council shall meet in, 


' 
' 
' 
, 
wo 
qn 
wo 


Mayor shall have an office, - - - - - 254 


ORDINANCES. 


MUNICIPAL BUILDINGS.— Continued. 
Treasurer shall have an office, - - - 
City clerk, ‘ 


Tax collector, 


“sc 7 ¥ e x! 


‘“c ‘“ es 3 4 


Assessor, - - - - - 
Engineer, - - - - - - 
Chief of police, assistants, and police officers, ie 
Police or watchmen, - - - - 
Guard-room or lock-up, - - - - 
Sales before, - - - - - 
Year commences Ist Monday in January, - - 
Re # for terms of office, Ist day of January, 
MUNICIPAL YEAR. 
Shall commence, - - - - - 
xd = for term of officers, - - 
MUSICIANS. 
Street, how licensed, - - - - - 
NEWSPAPER. 
Printer shall publish in, what, —- - - 
Report of chief engineer shall be published, - - 
Sales of stalls in market shall be published in, - 
“* nuisances, - - - - - 
Sunday ordinance does not apply to newsboys, —- 
Notice of assessment of taxes, - - - 
ants AEN age cer ‘“« objections thereto, - 
. ‘¢ unpaid taxes, - . 
NEUTER. 
Includes ‘ masculine,’’ - - - - 
NIGHT WATCH. 
Organized, &c.,(PoLicEe,) - - - - 
Shall have office in municipal buildings, - - 
Captain of, duties, - - - see es 
Lieutenants of, duties, - - - 
Duties and powers of police, - - : 
How punished for improper conduct, - - 
Duty of all persons called on to assist, - - 
No person shall interfere with or resist, > 
«shall falsely represent, &c., - - 
Duty of alarm sentinel on bell tower, —- - 
Shall be uniformed, - - 3 el a 


NINE-PIN ALLEY. 
Licensed. (See Ciry CHarrer, page 25.) 


Forbidden on Sunday, - - - - 
NOTICES. 
To be printed by city printer, - - - - 
Of objections by assessor of taxes, - - 
Of assessment of taxes, - - ° - 
= bi ‘¢ objections thereto, - 
To be given by collector of unpaid taxes, - ~ 


32 


251 


SECTION 


269, 


220, 


255 
256 


252 INDEX TO 


NOTICES.— Continued. 
Of application for opening streets, drains, &c., + - 
Mayor may give to owner of erection, that it is dangerous, 


when it shall be removed, . - é s 
Indecent notices forbidden, - - - . d 
NUMBERS. 
Of vehicles shall be marked on them, - - - 
NUISANCES. 
May be removed, - - ‘ 4 i zs 
‘« inquired of by board of health, - - - 
Not permitted on lots, - - - je 
sd vi in docks, - - ° z L, 
Mayor may prevent introduction of hides, goods, &c., - 
Dead animals and filth not to be left except where mayor may 
direct, - - - - = = s 
No slaughter-pen or butcher-house, - - bs 
Filth, trash, &c., to be placed in front of premises, on Tues- 
day, Thursday and Saturday, - - =" = 
No excavation where water may stand, Miinet toe + 
Regulations to prevent, may be enforced by mayor at expense 
of owner, - - . “ - , 
Vacant lot shall be cleaned, - * P “ 
In public parks forbidden, - ~ - - . 
On side-walks by erections forbidden, - < < 
Proceedings where owner of is unknown, - : F 
No filth permitted. in docks, - “ . 2 
Erections on streets declared to be, - - : ‘ 
sé shall be abated, - - - “ % 
If owner unknown, how disposed of, - - . ¥ 
Vessel may be removed when, - - . é 
OATHS. 
Includes ‘ affirmation,” “ - rt i 
Of officers, - - - - ~ 4 be 
“* master mechanics, . - - - x « 
OBSTRUCTION. 
May be removed, - - - - u 3 
Not to be on side-walk, . < - a 3 
“6 “ yemain in docks, - - s < t 
«permitted around markets, - - = 3 
“ ‘ in streets, drains, guttcrs, &c., - - 
ty # on side-walks, - - . am G 
OFFICE AND OFFICERS. 
Vacancy, how filled in, - - La pea “ 
Oath of, ~ & 4 . bs rh “i 
Bonds of, - . . e oe A 5 
See VARIOUS OFFICERS. 
Terms of, commence, - = a: 4 


Mayor may suspend until, &c., — - - - i 


SECTION 
328 


337 
297, 417 


51,61 


9 
104,105 
106 

107 

107 


109 


354, 9 
304 

411 

185 

351 

351, 354 


32 ° 
31 
30 


28 
32 


ORDINANCES. 253 


OFFAL. SECTION 
Not to remain on premises, - - - - - 106 
Board of health may regulate, - - - - 104 
Not to be thrown in streets, gutters, drains, &c., ~ - 336 
Shall be placed in front of premises on Tuesday, Thursday and 
Saturday, - - . - - - 111 
OMNIBUS. 
Shall be licensed, - - . - - - 58 
Fare, - - - fi - - - 59 
ORDINANCES. 
To be printed three days before in force, ~ - - 4 
Book of, to be kept by clerk, - - - - 33 
Violations of, tried by mayor, alderman or common council- 
man, - - . - - : - 6,7 
May be selected by mayor or other officer, - - 10 
How enforced, - - ~ - - - 6,14 
Construction of, - - - > - - 9, 10 
Election of, made, and such held to, - - - - 10 
Persons violating, or threatening to, shall give bond, - 12 
Repeal of, does not affect matters pending, or in fleri, -  - 14 
Meaning of certain words, when used in, - - - 26,27 
Records of, to be kept in clerk’s office, - - - 33 
Attorney shall prosecute, - - . - - 34 
Duty of mayor aste, - - - - - - 214 
* chief of police as to, - apoay - 216 
Ka police or watchmen, - . ~ - ~ 220-224 
Treasurer shall keep record of council, - - - 396 
OYSTER SHELLS. 
Shall not remain on premises, - - > - - 106 
To be placed before premises on certain days, - - 111 
PAINTINGS. 
Exhibitions of, licensed, - - . . - 308 
PANORAMA. 
To be licensed, - . - - - - 308 
PARTITION FENCES. 
How erected and built, - - - - - 71 
PARENTS. 
Shall give bond for child, - - : - - 12 
If child injure side-walk, shall pay, - - - - 359 
PARKS, PUBLIC. 
Bienville, established, . - - ~ > 263 
Washington 3s - - - - - 264 
Trees not to be injured in, - > - > - 266, 336 
Horses, &c., not to be allowed to run in, - - - 267 
Nuisances in, torbidden,' - - - - . 268 
Duty of police as to, - : - - . - 269 
PASSENGERS. 
Reguletions for vehicles to carry in city, ~ ks -. ‘58-66 
: ‘ ‘ 59 


Fare, - - - 


254. INDEX TO 


PAST OR PRESENT. 


Includes “future,” - ; pe “4 r, 


PATROL OF CITIZENS. 
How regulated, - - - - - 207, 208, 


PAWNBROKERS. 
Shall be licensed, and give bond, - - - - 
Regulations for, - - - -° - - 
Shall keep book open to officers, - - - 
Person injured may have right of action on bond, - - 


PAVING. 


How done, - - - - - - - 


City engineer’s duty as to, - - - - - 
PAVEMENTS. See Pavinae. 
Engine, hose cart, hook and ladder carriage, shall not run on, 


PAUPERS. 


How admitted into hospital, - - - - 
How buried, - - = <i . ‘a Z, 
How dealt with, - - - - d bs 
Lunatics may be removed to city hospital, - - - 


PEACE BOND. 
May be required for violation of, or threatening to violate 
ordinances, - - - - - - 
If a minor, guardian may give it, - - - - 
PEDDLING. 
Shall be licensed, - - - . - - 
Of meat, vegetables, &c., prohibited, except, - - 


“ milk regulated, « - - ‘ f 


PENALTIES. See various oFFENSES. 
Shall be for benefit of city, how enforced, - - 
To be from one to fifty dollars, - - . - 
Not affected by repeal of ordinance, - - - 


PERMITS. : 
For burial, - - = 1 aes < a = 


$5 sballagi*- < - - < 4 4 
ee 


PERSON. 
Includes 


paupers to go to hospital, - - : - - 
‘*corporation’”’ in this code, - - - 
May be removed, ~— - - - - - - 
All shall assist at fires, - - - - - 
No distinction in assessing taxes, - - - - 
All shall assist police when called on, - - - 
PERSONAL PROPERTY. 
May be removed, - - - - - - 
Meaning of, - - - e é v 
How taxed, - - - - - - a 
PEST HOUSE. 
Patients, how admitted in, - | - - - 
Security to be given, - “ : Ee “ é 


SECTION 
27 


209, 210 


344 
345, 346 


390 


133 

48 
293 
136 


12 
12 


102 
103, 193 
205, 206 


ORDINANCES. 


PESTILENTIAL DISEASES. 
Duty of hospital physician, 
‘¢ board of health, - 
Pest house, - - 
Quarantine, - . - 
PETROLEUM OIL. 
How and where stored, - 
Merchant may keep five barrels in 


PHYSICIAN AND SURGEON. 
Of hospital, elected, . 
Duties of, — - - - 
May appoint two students, 
Shall furnish certificate of death, 
PIPES. 
How laid in streets, - 
See WaTeER Works, - - 


PISTOL. 


store for 


Not to be discharged in street, &c., - 


PLURAL. 


Includes “singular,” - ss 


POLICE, CHIEF OF. 
See Poticer, - - 
Duty of, at fires, - - 
‘* as to citizen’s patrol, 

May examine pawnbrokers’ books, 
Assistants, - - - 
Head of police under mayor, - 
Office of in municipal buildings, 


sale, 


Shall deposit appeal bonds with city attorney, 
Shall furnish transcript and names of witnesses, 
Duties as to chain gang and work-house, 


Duty of, at fires, - - 
cs as to citizen’s patrol, - 
A «« pawnbrokers, 
Mayor, head of, - - 


Aldermen and councilmen shall co-operate 


duties and powers, - 
Shall levy and collect execution, 
Officers and organization, - 
Duty of chief of police, - 
assistants, - - 
captain of night watch, 
lieutenants of 4 
privates or watchmen, 
powers, and liabilities of, 
If guilty of neglect or injustice, 


255 


SECTION 


104, 


397, 


“#2207, 


207, 208, 
their 


216, 217, 


220, 
291, 


If any person resist, or prevent them in the discharge of duty, 


No person shall falsely represent, 
All persons shall assist when called 


on, = 


129 
104 
135 
122 


250 
250 


128 
129 
130 

49 


333 
406 


w wre 


wm 0 WwW WW 
Ww WYN 


~t 


w~> 
i] 
re 


256 INDEX TO 
POLICE, CHIEF OF.—Continued. 
To be uniformed and wear badge and number, ~~ - - 
In case of death, resignation or discharge, number to be de- 
livered to chief of, - - - - - 
Number shall be worn in front of hat or cap, - - 
Number and badge to be furnished by city, - - 
Uniform to be furnished by police, - - - . 
City Prison established, - - - - - 
Keeper, deputy, and three alarm sentinels appointed, - 
Duty of keeper, - - - - - 
‘« deputy keeper, - . - - - 


Book shall be kept, keeper shall give and take receipts 
from prisoners, shall keep prison clean, and give 
proper food, and make weekly report to mayor, of 
prisoners, - - - - 

Shall deliver to prisoners any food or clothing that may be 
brought to prison for them, - - - > 

Shall not prevent prisoners from having communication 
with counsel or relatives, - - - 

Shall inspect all articles of food or clothing brought to 


city prison, - - - - - - 
Fees, - - - - - - - 
Duty of alarm sentinel, - - - ~ - 
Shall strike fire alarm, and for riot, &c., - - 
Secret fund provided, - - * - - - 
How disposed of, - * - ° ~ 
Office ef officers, - _- - - . - 
s privates, - - - - - - 
Guard room, - - - - - - - 
Duty of, as to public parks, - - - - 
BE 4 shows, exhibitions, &c., - - . 
us = theater, = - : _ . 
‘¢ when owner of nuisance is unknown, - - 
‘¢ as to summoning jury for streets,  - ~ - 
POUNDS, PUBLIC. 
Inspector of animals to be appointed by mayor, - - 
Bond and compensation, — - - - - - 
Duties of pound keeper, - - - - Bs 
Limits of animals running at large, - - - 
Pound erected at expense of city, - - - - 
Inspector shall enter description of animal in book, . 
Sale of impounded animals once a week, - - - 
Inspector to pay net proceeds into city treasury, . 
Owners may redeem animals in thirty days, - ° - 
Net proceeds less 15 per ct. to be paid to owner, - 
Proceeds of sales of hogs forfeited, - - - - 
Fees for impounding animals, - - 4 . 


No dog permitted to remain in city without payment of tax 


and to wearacollar,.  - - a. ; 


Found at large without collar to be impounded, - - 


369, 370 


ORDINANCES. 257 
POUNDS, PUBLIC — Continued. SECTION 
Not to remain on owners premises without collar, - : 285 
Fees for redemption, - - - - . 985 
If not redeemed to be slain, - - - ’ x 285 
Bitch in heat at large to be slain, - « . 286 
Fierce or dangerous dogs may be killed, + - - 286 
Description of dogs impounded to be placed on bulletin boards, 286 
Meaning of the word dog, - - - 2 ™ 286 
Mayor shall issue proclamation to prevent hydrophobia if 
necessary, - ~ - - - - 287 
POUND KEEPER. 
See Pustic Pounps, - - + - - 275, 288 
POULTRY. 
Shall not be peddled, except, - - - _ 103, 193 
PORT WARDENS. (See Harsor Master.) 
PORTICOES. 
If over side-walks, how erected, - - - : 354 
PORCHES. 
If over side-walks, how erected, . - - a 354 
POWDER. 
Magazine established,» — = - - - . 244 
ef regulated, - - - . - 245, 246, 247 
ee keeper elected, - - - - : 241 
= duties of, and fees, - . - o = 242,243 
Duties of owners of powder, . - - ‘ 247,248 
Vessels containing, shall not lay at wharf, - - = 246 
How landed at wharf, . - - - > 247 
Fire wardens shall examine where stored, - . * 95 
Fees of keeper for feed of horse, - - = 243 
PRECAUTIONARY MEASURES. 
To prevent fires, = . - - - « 94,07 
> «sickness, duty of hospital physician, - - 129 
we board of health, - - 104 
Pest house, - : - - . - 135 
Quarantine, - - - = - - - 113-123 
To prevent injury from gunpowder, . - - 241-250 
PRESIDENT OF COMMON COUNCIL. 
Duty, in reference to secret fund, : - - - 237, 238 
‘* as to licenses for shows, &c., - - - 309 
vr ‘* court of assessments, . - - - 378, 379 
“« to appoint assistant engineer, - - - 368 
a “ wharf committee, - - - . 407 
PRESIDENT OF ALDERMEN. 
Duty, in reference to secret fund, - - - - 237,238 
** as to licenses for shows, &c:, = - - - . 309 
=f: ** court of assessments, - - - - 378, 379 
‘‘ to appoint assisstant engineer, - - . - 368 
aa - wharf committee, - - - 407 
PRINTING. 
Included in ‘ writing,” - . - - - 27 


258 INDEX TO 


PRINTER, CITY. SECTION 
Elected, bond, salary, - - - - - 2 
Shall print and publish all ordinances, advertisements, by-laws, 
public acts, resolutions, notices, &c., - - - 3 
Shall print on second and third pages of newspaper, - - 4 
‘“« have reporter at every meeting of boards and conven- 
tions, - . - - - - ~ +) 
Shall print proceedings in three days, - - - 5 
On failure, fined fifty dollars, - - - - - 5 
PRISON, CITY. 
Established, (see PoLice,) - - - - 227 
Offender, failing to pay fine, confined in - - - 7 
For contempt, - - - - - - 8 
Failing to give bond, - - - - ~ 12,7, 417 
Aldermen and councilmen may commit to, - - 215 
Chief of police shall attend at when mayor directs, - - 216 
Keepers and sentinels appointed, - - - - 228 
Duty of keepers, - - - - - - 231, 232 
“«  Sentinels,- - - - - - - 234, 235 
Fees of, - - - - - - - 233 
PRISONERS. . 
Shall be furnished with receipt for articles taken from them, 
and shall give when discharged, - - - . 231 
‘« have proper food and diet, - - - - 231 
Names shall be reported weekly to mayor, - - . 231 
Fees, - - - - - - > 233 
May have food and wearing apparel brought to them in prison, 232 
st interviews with counsel and relatives, - < 232 


PRIVATE HOSPITALS. 


How established, - . ° - - - 137 
PRODUCE. 
Wagons or carts containing, need not be licensed, - 50 
Stalls for sale of country, “ - - - - 181 
PROPERTY. 
_May be removed, - - - - - - 9 
The word includes “ real” and ‘ personal,” - - 27 
Meaning of real, and of personal, - - - ~ 370 
How taxed, - - - - - = - 371 
Public of the city, - - - . - - 251, 270 
Not to be injured, - - - ; - 274 
Stores in market, how rented, - - - 272 
All under direction of mayor and two presidents, ° 273 
Public parks, - * * ° a . 263, 264 
Municipal buildings, - - - 2 a L3 251 
City property, - - - - fe z 271 
PROSTITUTES. 
To punish, - - - - - - 293, 417 


May be sent to work-house unless bond be given, - 417 


ORDINANCES. 259 
PROCLAMATIONS. SECTION 
Record of, kept by clerk, - - - - - 33 
To be printed by city printer, - . - - 3 
Mayor to issue as to quarantine, . - - - 113 
PUBLIC. 
Ordinances, resolutions, &c., to be published, - - 3 
Property of the city, - - - - - . 271 
All under control of mayor and two presidents not other 
wise provided for, - - = - - - 273 
Not to be injured, - - - - - 274 
Parks, Bienville, - - - . - - 263 
Washington, - - - - - - 264 
Not to be occupied, - - - - - 265 
Trees not to be injured in, = - - - - 266 
Horses, &c., not to run in, ~~ - - - 267 
Nuisances in, forbidden, - - - - 268 
Duty of police as to, - - - - - 269 
Houses shall be licensed, - - - - 138, 139 
Not to permit gaming in, - - - . - 101 
‘¢ be kept disorderly, - - . - 140 
Buildings, market, - - “s - - - 179 
City prison, - - - - - - 227 
Powder magazine, - - . - - 244 
Municipal officesin, - - - - . 251-262 
Not to be injured, - . - - - 274 
Stalls in market, (two,)  - - -* - . 181 
«may be used by country people, - - - 183 
‘* not to be used by regular butchers, - - - 184 
Bails, not to be given, unless by permission of mayor, - 37, 308 
PUBLIC SAFETY OR CONVENIENCE. 
Animals not to be driven at immoderate speed, - - 289 
Cruelty to animals forbidden, . - - - 289 
Persons and vehicles meeting will keep to the right, - 290 
PUBLICATION OF ORDINANCES. 
Shall be made before in force, - - - - 3, 4 
PUTRID OR PUTRESCENT MATTER. 
Not to remain on premises, . ~ - - 108 
«be thrown in dock, - - - - - 415 
To be placed in front of premises on Tuesday, Thursday and 
Saturday, - - - - - - 111 
QUARANTINE. 
Established, but not to be enforced until proclaimed by mayor, 
who shall define the length of time for its continuance, 113 
Physician elected, - - - - - - 114 
Duties of, - - - - - > 115 
+ of pilots, &c., - - - - - 116 
Sick persons shall pay $5 per day for attendance, . 117 
Not to apply to New Orleans steamers, regulations for them, 118 
No vessel shall take on, or discharge cargo, - . 120 
Mayor and board of health may remove vessels to, - - 121 


33 


260 INDEX TO 


QUARANTINE.— Continued. SECTION 
Duty of harbor master and port wardens, - - 121 
Quarantine rules, - - . Fe re = 123 
Tonnage fees, how collected, - - - - 122 

QUARRELING AND DISORDERLY CONDUCT. 

Forbidden, - j E a “ A 999 
Drivers of cabs, &c., shall not be guilty of, - - 63 
Not permitted in public houses, - . - 140 
- Ay at theatre, - - - : - 311 
Duty of citizen patrol, as to, - - . P 2 210 
*¢ aldermen and councilmen, as to, - - 215 

‘« police, as to, - - - - - 215, 216, 220 
To prevent and punish, - - - 2 : 293 
May be sent to work-house unless bond be given, - =P, Ale 

RACING. 

Not permitted in streets, + - = 2 64, 57, 289 

RAILROADS. 

Sunday ordinance does not apply to, - ” - , 307 

REAL ESTATE. . 

How taxed, - - - - = J 370 
Meaning of real property, : . - i : 27 

REBELLION. 

Duty of mayor in case of, - - - - - 202, 204 
How bell to be struck in case of, ° = - = 2935 
Duty of aldermen and councilmen in case of, - - 215 

‘¢ chief of police in case of, - 4 8 ms 216 

RECORDS. 

Of common council, kept by treasurer, - - = 396 
‘¢ board of aldermen, ‘clerk, 3 “ 68 
‘* ordinance, by-laws, &c., = - - : f Z 33 
‘‘ licenses and transfers of drays, &c.,  - - - 52 
‘‘ both boards, by clerk, - - : « m5 68 

Clerk’s fees for copies of, - - - : ‘ 69 

Of police, chief of police, shall keep, - - 216 
‘* maps, notes, &c., city engineer shall keep, : 364 

Treasurer shall keep, - - : . m ‘ 396 

Of tax collector’s receipts by clerk, - - Ws 387 

RECOGNIZANCE. 

To appear for offenses, - = - » b M19 718 

Aldermen and councilmen may take, - - ~ 215 

REDEMPTION. 

Of land sold for taxes, - - - - - 383 

REGRATING. 4 
Forbidden, . Z 4 i . 197 

REGISTRY OF DEATHS. 

Shall be kept, - . a - ¥ ‘ > 49 

REGIMENT. 


1st volunteer armory, &c., - - - - 201, 204 


ORDINANCES. 261 


RELIGIOUS WORSHIP. SECTION 


Disturbance of forbidden, - - - - - 296, 305 
May be sent to work house, or house of correction, unless 
bond be given, - - - - - - 417 
RENT. 
Of stalls in market, — - - . . - 180, 181, 184 
“ city property, - - - - : ol BE ty alo 
REPAIR OF STREETS. 
How to make, - - - - - - - 328 
Bulkhead, when street terminates at water to be kept in 
repair by owners, - - - - - 331 
Duty of city engineer as to, - - - - - 366 
RESOLUTIONS. 
To be published, - - - - - - 3 
Record of, to be kept by city clerk, - - - . 68 
% council, treasurer shall keep, - - - 396 
RESTAURANT. 
Shall be licensed - - - - - - 139 
Duty of keeper, - - - - - - 140 
RETAILERS. 
Shall be licensed, - ~ - - - - 138 
Duty of keeper, - - - - : - 138 
License revoked if gaming is permitted, - - - 99 
RIDING FAST. 
Not permitted in streets, - - - - a7, 64, 289 
RIOT AND RIOTOUS CONDUCT. 
Forbidden, - - - - - - 4 » 292, 293 
Alarm bell for, - > - - - - 235 
To quell, volunteer regiment shall obey orders of mayor, - 202 
Duty of aldermen and councilmen, - - - - 215 
“ “ chief of police, - » ° - - 216 
««  “ police at shows, exhibitions, &., ~ - - 310 
May be sent to work-house unless bond be given, - - 7, 417 
ROCKETS. } 
Not toebe let off in city, - - « Fe - 4h 
ROPE DANCING. 
Exhibitions of licensed, - - - - - 308 
RESIN. 
How and where stored, - - - “ ¢ 250 
Merchant may keep 5 barrels in store for sale, - - 9250 
RUBBISH. 
Shall not remain on premises, - > - > - 106, 108 
oP basse 2s ** docks, - - - - - 415 
To be placed in front of premises, Tuesday, Thursday and 
Saturday, - - - - - 7 ‘. 111 
Not to be thrown into street, gutter, drain, &c., - - 336 
SABBATH. 
No person over 15 years of age shall violate,. - - " 998 
“« store not to be open, - - - - . 299 


** drinking-honse not to be open, - - : aR 300 


262 INDEX TO 


SABBATH.—- Continued. SECTION 
' Nolabor, - + - - . - - 304 
““ games, sports, &c., forbidden, . - - - 301 


Nothing but necessaries to be bought, 303 
Barbers may keep open until 12 o’clock, - - - 306 
Not to apply to steamboats or vessels, railroad trains, ice- 


houses, livery-stables, nor milk-carts, - - 307 
If clerk is sick, sexton may issue permit for burial on, - 49 
SALARIES. 
Of city printer, - - - > - 2 
7. attorney, - - - - - - 36 
=: sexton, - - - - - - 47 
6 clerk, - - - - - - - 49, 68 
ie physician of hospital, - - - = 128 
a steward of “4 - - = eae - 131 
oe clerk ef market, - - - - - 185 
a engineer and assistant, - - - 363, 368 
‘43 assessor of taxes, - - - . 372 
oe treasurer, - - - - - - 395 
Tax collector, - - - - - - . 38k 
Street commissioner, - - - - - 369 
Superintendent of wharves, - - - - - 408 
Gas metre, - - - - - - sore 154 
City porter, - - . - - - - 239 
Inspector of animals, - - - - . 275 
SCALES. 
Shall be inspected, how, - - - - 158, 161 
Duty of clerk of market as to, - - - 186 
What are to be used in market, . - * - 192 
Spring balances not to be used, " - a - 158 
SCAVENGERS. 
Shall collect trash, &c., on Tuesday, Thursday and Saturday, 111 
SEAL OF CITY. 
Established, ~-- “ - - - . - 1 
Shall be on licenses, - - - - - 50 
SECRET FUND. 
Provided and regulated, - - - - 236, 238 
SECRETARY. 
Wardens may elect, - - - - - 90 
Duty of, of fire companies, - . - - - 87 
SENTINELS. 
Alarm appointed, - > - - > - 228 
Duties, - - - - - . 234, 235 
SEWERS. , 
Established and regulated, (DRAINs,) - - - 328, 336 
No trash or filth to obstruct. - * . - 336 
SEXTON. 
Elected, bond, duties, - - - - - 47, 48, 49 


SHADES AND AWNINGS. 


How erected over side walk, - - F . “ 354 


a= 


ORDINANCES. 


SHEEP. 
Not to be driven in street on Sunday, 


SHELLED. 


263 


SECTION 
: 304 


344, 345, 346 


Howstreets may be, - - - - 
Duty of city engineer as to, - - - : 346 
SHELLS. : ‘ 
Not to remain on premises, = - - - - - 106 
To be placed in front of premises, Tuesday, Thursday, and 
Saturday, - - - - - . 111 
SHOWS. 
Shall be licensed, how exhibited, - - - 303 
Not permitted on Sunday, - - - : - 301, 302 
Police shall attend, - - - - - - 310,311 
SICKNESS. 
See DIsSEASEs, - - - - - 104,113, 129, 135 
Articles may be sold on Sunday in case of, = a 298 
SIDE WALKS. 
Required, how made, - - - + > 352 
Engine, hose cart, hook and ladder carriage, &c., not to run 2e 300 
Fireworks or arms not to be discharged or let off on, - if 
Around markets to be kept clean, - - : - 186 
How trees planted on, - - - - - 337 
How made in fire limits and before gates, - - : 352 
seis COULG Offence - - - - - 393 
Shall not be obstructed in any way, - - - - 354 
No auction on, except by permission of mayor, - - 304 
Walls, houses, or buildings that are dangerous not permitted 
to remain on, - - - - - - 337, 354 
How projections over shall be erected, - - = 354 
Posts and columns on shall be of iron, except, - - 354 
To be swept every day, - - - - - 306 
Trees on and over to be trimmed - - - - 357 
Where owner of obstruction is unknown it shall be sold, . 358 
When injury is done to, it shall be paid for, - » 359 
If done by animal of unknown owner, it shall be sold to pay for, ~359 
Nuisances shall be reported by city engineer, - - - 364 
City engineer shall furnish grade, and supervise work on, - 366 
Duty of city engineer as to, - - - - - 364, 366 
SIGNATURE. 
Includes mark, - - . - - - 27 
SINGULAR. 
Includes “ plural,” - - - . - 27 
SHUCKS, INSPECTION OF. See Hay. 
SIGN-BOARDS. 
With name of streets, to be placed at corners, - - 350 
How erected over side-walks, - - + - 354 
Not to be injured, - . - - - 292, 337 
SKY ROCKETS. 
Not to be let off in city, - - - - 


- 41 


264 INDEX TO 


SLAUGHTER-HOUSES OR PENS. 


Prohibited, - . - 
SLIPS. 
Shall be kept clear, (Docks, WHARVES,) 
Trash shall not remain in, - 
SLOPS. 
See Orrat and Kitcuen Sturr, - 
Not to remain on premises, —- 


How disposed of, shall be placad in front of premises, Tuesday, 


Thursday and Saturday, 


Not to be thrown in street, drain or gutter, 


SMALL-POX. 
Duty of hospital physician as to, - 
‘“ “ board of health, - 
See DisEAsEs and QUARANTINE, - 


SOAP FACTORY. 


How established, - - 
SPIRITOUS LIQUORS. 
Sale of, licensed, - - “. 
Not to be adulterated, - - 
Shall not be sold on Sunday, - 
Persons loitering about where sold, how dealt with, 
How inspected, . - 4 
SPORTS. 
Forbidden on Sunday, - - 
SQUIBS. 


Not to be let off or fired, - 
STABLES. 

Warden shall examine, - - 

Shall be kept clean, - : 


Filth, &c., from, to be placed in front of, on Tuesday, Thursday, 


and Saturday, - - - 

Sunday ordinance does not apply to, 
STALLS. 

In market, to be rented annually, - 

Shall be kept clean, - 

How rented, - - - 

Two shall be set apart as public, 
STAVES. 

Inspector of, how elected, - - 

His duties and fees, ~ - 

Quality and description of, - 

Shall keep an office, - - 

Shall not be placed where dangerous, 
STEAMBOATS. 

Includes “vessels,” ~- - 

Sunday ordinance does not apply to, 
STEPS. 

Shall not be injured, - - 


SECTION 


‘106, 
106, 


186, 


109 


412 
415 


108 
108 


111 
336 


129 
104 
113 


70 


138 
138 
300 
293 


301 


ORDINANCES. 265 
STEWARD. SECTION 
Of hospital elected, - - - 4 131 
Duties of, « . a ‘ : , a 132 
STORES IN SOUTHERN MARKET. 
How rented, - ~ - - - a¢1, 272 
STOVE-PIPES. 
Wardens shall examine, 2s - - - . 95 
STREETS. 
Ditch shall not be cutin, - - - - 348 
No fire arm or firework to be discharged in, . . 41 
Hose cart nor engine to run on side-walk, - 355 
No burning coals or brands to be carried in, + - - 349 
Hawking and peddling of meats, &c., prohibited, except, 103 
City engineer’s office, - . - - - - 364 
Proceedings, to open, alter, improve, repair, or drain, &c., 328 
Jury to asses damages, and how collected, = - - - 329 
How proposals and contract made, - - 330 
Bulkheads, when street terminates at water, - - - 331 
All streets, now open, are public, - - - Sak 
Not to be opened without permission of city, - - 332 
Opening, is a dedication, - - - - 331 
Regulation of, - - - - - 333 
Pipes, how laid, bolts and marks not to be moved, - 333 
No house to be erected on, or enlarged, unless on application 
to city engineer, - - - = 334 
Building material not to fill more than one-third of,  - - 335 
No cotton, wood, lumber, &c., to be left in, - 336 
‘* earth to be dug or disturbed in, ortree dug in, - 336, 337 
Nor any board or sign to be injured, - ~ 336 
‘* erection east of Front street, - e # * 337 
How trees to be planted in, - - - 337 
Name of, at the corners, - - - - - 338 
Front street to be 70 feet wide, - - - 338 
Houses on to be numbered, -~— - - - - - 340 
Name of streets on lamp posts, = = - - 343 
How shelled or paved, - - - - - 344 
Side walks kept in repair, - - . - 302 
How made in fire limits, - - - - - 352 
be ‘* if not in fire limits, - 353 
Not to be obstructed in any way, - - - - 351 
Walls, &c., leaning over, if dangerous, shall be moved, - 354 
No erections over, less than 12 feet high, how, - - 354 
All fronts on, swept every day, . - : 356 
Trees to be trimmed over, - - - - - 357 
Animals to be removed from, ~ - - 359 
Not to be injured, if so, to be paid for by owner of the animal, 
or the person committing it, - - - - 359 
City engineer of, elected, - - - - 363 
His duties, - - - - - - 364, 365, 366 
Around markets, to be kept clear, - - - 186 


266 INDEX TO 


STREETS.— Continued. SECTION 
/ Quarreling and disorderly conduct, forbidden in, - : 292 
No sign-board, steps, blinds, door-plates, to be injured, - 292 
Musicians to be licensed, - - + - - 308 
Persons drunk in, how dealt with, - - - 293 
Street commissioner shall place names of streets on corners, - 350 
House encroaching on, declared a nuisance, - - 334 
Persons disturbing surface of, to leave in good condition, - 337 
Names shall be placed on certain streets, - . 350 
No public auction permitted on, except, - - 351 
‘ gates to open on, - - - - - 351 
‘¢ water to run on side-walks, from yards or lots, - - 359 
Gutters over side-palks to be kept in good repair, - 399 
Stone crossings to be laid within fire limits, —- - 360 
Side-walks to be of uniform surface, | - - - 360 
Water not to stand on side-walks, - - - - 360 
Entries to alleys and lots to be bridged, - - . 361 
STREET COMMISSIONER. 
Elected, bond and salary, - - - - - 369 
Shall supervise streets, and street force, under direction of 
mayor, - - ~ - - - 369 
Shall keep account of implements and property of city, - 369 
Shall report the necessary repairs to bridges, - - - 369 
Shall daily examine streets, lots, and side walks, - - 369 
Shall do work according to plan of city engineer, - - 369 
Shall remove all nuisances, - - - - 369 
Shall remove and bury dead animals, - - - - 369 
Shall place numbers on street corners, - - - 350 
Shall keep record of, and time of street force, and report, = - 369 
STREET RAILROADS. 
Persons desiring to construct may petition corporate author- 
ities, - - - - - - - 313 
Road must be built in two years, - - - - 313 
Track to be laid under direction of corporate authorities, - 314 
Bridges and turn-outs to be kept in repair, - - 314 
May make turn-outs,  - “ - - - . 315 
Shall employ sober and careful drivers,  - - - 316 
Shall not run oyer six miles per hour, - - 316 
Shall give way to vehicles, - - z - 317 
Horse power only shall be used, - - - - 318 
Shall run on Sundays at certain hours, - - - 319 
Rate of fare, - - “ - - - - 319 
Shall carry lamp at night, - - . - - 220 
Shall obtain grade from city engineer, -, > - 321 
If cars not run for three months, shall be rented out to 
highest bidder, = - - - - : - 322 
Smoking in cars prohibited, - - - - 323 
Cars shall not obstruct street crossings, - - - 324 
Must not interfere with fire department, - - “ 325 


Must be stopped at appearance of danger, = - - - 326 


ORDINANCES. 267 


STUDENTS. , SECTION 
In hospital, - - - - - - 150 
SUMMONS. 
Form of, - - - - - - - Lg 
Jury by police officer, - + : - - 329 
SUBSCRIPTION. 
Includes ‘f mark,” - oa - - - - 2a 
SULKY. 
Licensed, - - - - - - ~ 58 
SUNDAY. 
No person over 15 years of age shall break, - - - 298 
** stores not to be open, - - - - - 299 
*“* drinking-houses not to be open, - - - . 300 
‘‘ labor, = - -— - - - - 304 
‘* games, sports, &c., prohibited on, - - . 301, 302 
Nothing but necessaries to be bought, - - - 303 
Places of worship shall rot be molested, - - - 304 
Not to apply to steamboats or vessels, railroad trains, ice- 
houses. livery stables, nor milk carts, - - - 307 
Barbers may keep open until 12, . > - . 306 
If city clerk sick on, sexton may issue permit for burial, - 49 
SURGEON. 
Of hospital, elected, duties, &c., - - - 129, 128 
SURVEYS. 
To be made by engineer of city, - - - - 364, 366 
SUSPECTED PERSONS. 
Duty of police as to, - - - - - - 220 
SWINE. : 
Not to be driven on Sunday, - - > - 304 
Injury by to side-walks, owners shall pay for, - - 399 
If owner unknown, shall be sold, - _ - - 359 
TABLE, GAMING. 
Prohibited, - - - - - - - 99, 101 
TAR AND PITCH. 
How and where stored, - - - “ - 250 
Merchant may keep five barrels in store for sale, - - 250 
TAVERN. 
Not to permit gaming in, - : . - - 101 
Shall be licensed, - - - - - + 101 
Duty of keeper, - - - - - 140 
TAXES. 
Tax lists, how printed, - - - - - 3 
Assessor of, office, elected, - - : . 372 
Property subject to assessment, - - - 370, 371 
Directions as to, - - - - - - 371 
Head tax of $1, - - - - - : 371 
Members of fire department exempt from head tax, - 73 
Assessor shall make assessment each year, - - - 372 
¢ shall commence lst October, - - - 373 
Form of notice, - - - . - - 374 


34 


268 INDEX TO 


TAXES.— Continued. SECTION 
All persons shall render their property to, - - 374 
Form of and duty of assessor, - - . - 375 
Assessment to be completed by Ist of February, - -. 372, 376 
To be returned to city clerk, - - - - + 372 
Mayor and two presidents shall examine, - - 376 
And make orders, - > - - - - PAS 
Notices to be given, - - - : 2 377 
Duty of clerk, - - - - iS " 378 

‘« mayor and two presidents, > - - 378 
‘6 two boards, - - - - - - 378 
Mayor to issue warrant to tax collector, - - - 380 
Tax collector elected &c., - - ~ .- be 381 
His liabilities, - - = . 381 
Proceedings to enforce collection, may sell, - : 382 
Shall give certificate of sale, - . - s 385 
Purchaser failing to pay, how to proceed, - - 384 
Assessment is a lien, > - - - . 385 
Collector’s duty as to property not assessed, - - a 385 
License tax, who subject to, - Be . : 388 
Assessor shall determine, - - - - 389 
Penalty for failing to take license, - . ~ 391 
Assessor shall rurrender all blanks, furnished to him by mayor, 389 
Proceedings before mayor as to delinquents, - - edie 391 
City engineer shall attend tax sales, - - - 385 
he ms ** take possession of lots purchased by the city, 383 
Any person authorized to acquire the title of the city by pay- 
ing the taxes, twenty per ct. and expenses, - - 383 
Failing to pay taxes by Ist July, shall pay cumulative tax of 
ten per ct., - - ° - : ‘ 384 
Tax collector shall give notice to give in sales of 
merchandise, &c., - - - - 386 
Penalty for failing to give in sales, - ae a 386 
4! ‘* false accounts of sales, - Ee - . 386 
Collector shall pay over weekly, - - - - 387 


Provisions of this ordinance not to extend to those cases 
where licenses are granted under section 52 of the city 


charter, - - © a . 5 s 399 
TAX COLLECTOR. 

Elected, bond, salary, - = . aM 2 391 
Office in municipal buildings, - 2a - - - 257 
Shall collect assessment for shelling, &c., streets, - 346 
General duties, - - - - “ 381, 382 
Liability, - - - - oc dit! Maite “ 381 
Duty when taxes are not paid, may sell, - - 382, 385, 384 
Shall give certificate of sale, . - « 383 
On failure of purchaser to pay may sell again, - - 384 
His duty as to property not assessed, - - - 385 
Shall give notice to give in sales of merchandise, - - 386 


Fee for sale of real estate for taxes, - ° = 382 


ORDINANCES. 269 


TAX COLLECTOR.—Continued. SECTION 
May retain per ct. of any money in his hands, in certain cases, 382 
Shall collect tax on dogs, - - - - - 283 


TEN-PIN ALLEYS. 
Licensed, (See Ciry CHARTER, page 25.) 


Forbidden on Sunday, . - - - - 302 
THEATRE AND THEATRICAL EXHIBITIONS. 
Shall be licensed, - - - - - - 308 
Regulations for, ~ - : - - 310, 311 
THROWING TRASH. 
In street, drain, &c., forbidden,  - - - - 336 
TIMBER. ; 
Not to remain in docks, - - - . - 415 
Not to be placed where it is dangerous, - - - 96 
How inspected, - - - ~ - - 144, 145 
Not to be placed in public square, - - - - 265 
How placed in streets when building, - ~ - 335 
And not otherwise, . - - - - > 336 
Not to be hauled so as to touch or injure street, - - 337 
“« “deposited on side-walk, - - - - 338 
TIPPLING HOUSE. 
Persons loitering about, how dealt with, - > » 293 
TOMB-STONE. 
Protected, - - - - - - - 47, 49 
Not to be injured, - - > - - 292 
TRADE. 
License for, ay a - - - - 388, 394 
TRASH. 
Shall not remain on premises, - - - - 106 
Not remain in docks, - - - - - - 415 
** to be thrown in street, drain, or gutter, &c., - - 336 
To be placed before premises on Tuesday, Thursday and 
Saturday, - - - - - - 111 
TRANSFER. 
Or sale of any cart, dray, or wagon to be recorded by clerk, 52 
So too as to market stalls, - - - - < 184 
TREASURER. ' 
Elected, bond, salary, - - - - - 395 
Shall keep office in municipal buildings, - - ~ 396 
His duties, - - - - - - - 396 
Shall open cemetery account, - - - - - 46 
‘* make monthly report of cemetery fund, - - 46 
Duty of, as to renting market stalls, - - - - 180 
Ss “ secret fund, - - - - - 237 
Shall notify city printer of all called and special meetings of 
common council, - - - - - -'* 391 
Shall notify mayor of failure of city printer to have reporter 
present, : - - - - - 391 
Shall receive money for licenses for public vehicles, - - 950, 58 


7 4 s “« _* retailing spirituous liquors, 138 


270 INDEX 'TO 


TREES. 
' How planted in graveyards, - 
Horses not to be tied to in graveyards, 
In public squares not to be injuted, 
In streets, &c., ‘* §& i 
How planted in streets, - 
Shall be trimmed, how, - - 


TURPENTINE, SPIRITS OF. 


How and where stored, - 


Merchant may keep five barrels in store for sale, 


TUMULT. 
Duty of mayor in case of, - 
‘¢ chief of police, - - 


Alarm bell for, how struck, —- - 


UNLAWFUL ASSEMBLY. 
To be dispersed by citizen’s patrol, 


Duty of councilmen as to, - 
‘¢ aldermen as to, - ~ 
VACANCIES. 
Hew filled, - - - 


Chief Engineer of fire department, 
Assistants, Le Lt 
Committee of master mechanics, - 


VACANT LOTS. 


Shall be fenced, - - 
Shall be cleared off and cleansed when city authorities 
direct, - - - 
VAGRANTS. 


To prevent and punish, : 


Shall be sent to work house, or house of correction 
May give bond before expiration of sentence, and be dis- 


charged, - - - 
VAULTS. 
See Buryina GrounDs, - 
VEGETABLES. 


Peddling of prohibited, except, - 
What part of market shall be sold in, 


Fees for vacant or public stalls in market, 


Not to be thrown in dock, ~ 


VEHICLES. 
Shall be numbered, - 
f licensed, - - 
Drivers of shall stand, - - 
Fare of when licensed, - 


Shall take loads when offered, - 
Not to be engaged in racing, - 


Shall have copy of ordinance, in every one, 
‘« not stand before dwelling house, or store, 
Drivers shall not be guilty of disorderly conduct, 


Fee of license to clerk, . 


SECTION 
44 

45 

266 
336 
337 
397 


25 
250 
2, 204 


216 


229 


to 
oS 
& 


210 
215 
215, 


32 
78 
79 
167 


177, 178 
177, 178 


293 
417 


417 
47-49 


103, 193 
183 
188 
415 


61 
58° 
63 
59 
60 
64 
65 
63 
63 
69 


ORDINANCES. 271 


VEHICLES.— Continued. SECTION 
Not to obstruct market premises, - - - - 186 
Meeting, shall keep to the right, - - + - 290 

VENIRE FOR JURY. 

Summoned and returned by police, - - - 329 

VERANDAS. 

How erected over sidewalk, - - - “ ~ 354 

VESSELS. 

May be removed, - ° - - - . 9,121 
Includes ‘‘ steamboats,”’ ‘* barges,’’ and all water craft. ~t27, 119 
If nuisance, how diposed of, . : - - 412 
Containing powder not to lay at wharf, - - - 246 
How powder shall be landed from, - - - 247 
Sunday ordinance does not apply to, - - : ° 307 
Fire wardens shall examine, - > - . 121 
May be detained at quarantine, when from infected port, —- 115 
Quarantine not to apply to New Orleans steamers, > 118 
Shall not take on or discharge cargo without permit, - - 120 
Muyor may require removal of, to quarantine station, - 121 

VINOUS LIQUORS. 

Sale of, licensed, - - - - - - 138 
Not to be adulterated, - - - - - 138 

Hs sold on Sunday, - - - - - 300 
Persons loitering about where sold, how dealt with, > 293 
How inspected, > - - - - - 151 

VOLUNTEER REGIMENT. 

Armory for, - - - - - - 201 204 

VOTE. . 

Who qualified to, for engineers, &c., of fire department, - 80 
For fire wardens, - - - - - - 89 

WALL. 

Not to remain standing, if dangerous, - - - 304 
Engineer shall report, - - - - - 364 
WAGONS, DRAYS, &c. 
Shall be licensed, give bond, and fees fixed, - - + 5450.55 
Sales and transfer of license, to be reported, - - a2 
Owner shall number, - . . « - - 51 
Exceptions to licensed vehicles, - - - - 50 
Driver of, shall keep on right side of road, - - - 56 
Shall have good reins or lines, - ° - - o7 
Not to be driven fast, - - - > - - 57 
Fees for license toclerk, - - - - - 69 
Not to be used on Sunday, except in case of necessity, - 304 
Keeper of powder magazine shall have a wagon, - - 243 
Sunday ordinance does not apply to milk carts, - - 307 
Not to obstruct side walk, - - - - 336 

WARDENS, FIRE. 

One for each ward elected, duties, &c., - . - 89 
May elect president and secretary, - - - 89 


Shall examine buildings, - - - - - 9 


272 INDEX TO 
WARRANTS. SECTION 
‘Form of, - - - - - Law Reth Fi 16 
Powers and duties of police as to, - - ae ee e20, 221 
WASHINGTON PARK. 
Established, (see Pustic Parks, 263 to 270,) > - 264 
WATER-CRAFT. 
Included in “‘ vessels,”’ - - - . - 27 


WATER-FRONT. 
Where streets terminate, bulkheads shall be made, how, - 413, 414: 


No building, shed, or inclosure erected on, - - - 337 
Width of Front street shall be 70 feet, = - - . 338 
Established and limited, - - - - - 413 
WATER. 
Standing, how drained, &c., - - - - 328 
WATER-WORKS. 
No person shall injure, - - - - - 397 
Nor injure reservoir, - - : - - 398 
“« use water of, unless permitted to do so, - - - 399 
“ sell water, = - - . - “rut | 400 
‘¢ waste, - - - - - - 401, 402 
Workmen on, to be under direction of lessee, - . 403 
Penalties, - - - - - - 403, 404 
How taxed, - - - - - - 370 
How pipes shall be laid in streets, = - . - 333 
Shall furnish pure and wholesome water, - - - 405 
This ordinance to apply to new water-works, - - . 406 
WATCHMEN. 
Appointed by mayor, (Poticr,)  - - . - 215 
Captain of, duties, aa tO ee se . - - 218 
Lieutenant of, “  - - . - - - 219 
Duties of, or police, - - - - - 220 225 
How punished, when guilty of improper conduct, - - 222 
Duty of all persons to assist, when called on, - - - 224 
No person shall interfere with, or resist, - - - 223 
No person shall falsely represent, - “ - - 225 
Duty of alarm sentinels on bell tower, - - - 235, 234 
Shall have office in municipal buildings, - - - 261 
WEIGHTS AND MEASURES. 
Inspector shall be elected, = - - - - - 157 
Bond and fees, - - - - - - - 157 
Duties of Inspector, - - - - - 158 
Not to be used unless inspected, - . - - 158 
Use of spring balances prohibited, - - - 158 
Standard of, according to laws of United States or this State, 159 
Shall be inspected once every six months, - - 160 Xs 
False weights and measures to be forfeited, - - - 160 
Duty of clerk of market as to, - - - - MaUAgE 
Shall be inspected, how, : ‘ : 158, 161 
What to be used in market, = - - - 158 


Spring balances shall not be used, - - - - 158 


a oe 


— 


273 


ORDINANCES. 
WHARVES. SECTION 
Mayor and president of the two boards shall appoint com- 
mittee of, - - - - - - 407 
Committee shall have control of wharves, - : “ 407 
¢ ‘¢ report to boards semi-annually, - - 407 
it authorized to purchase wharves, - - sid 407 
: may appoint clerks, - - - . 407 
= shall inspect books of superintendent, - L 409 
5 “audit accounts, - - . - 407 
Superintendent shall be elected, - Rot - = 408 
Bond, compensation and duties, - - - - 408, 409 
‘Docks near, shall be kept clear of obstructions and filth, - 411 
Vessels and water-craft that cause nuisance, to ke removed, 412 
Vessels containing powder, not to lay at, - - sy 246 
How landed at, - . - 2 247 
Limit of front, > - - ospth " B 413 
How constructed, - - - - - s 414 
No buildings constructed east of Water street, - = 413 
No filth, &c., to be permitted in dock or slip, - =| 415 
WHARVES, COMMITTEE OF. 
Shall be appointed by mayor and two presidents of the boards, 407 
“« have control of, - - - - : 407 
May purchase wharf property when directed, - - 407 
Shall appoint clerks and assistants, : 407 
‘« audit accounts, - - - - - 4 407 
*« inspect books of superintendent, - - - 409 
WHARVES, SUPERINTENDENT OF. 
Elected, bond and salary, : apis - = . 408 
His duties, - % a = - 408, 409, 410 
WINDOWS. 
Blinds of not to be injured, - - - : 299 
WOODEN BUILDINGS. 
Not to be erected in fire limits, = - - - - 94 
WOOD, FIRE. 
Shall be inspected, how, - - - es 146, 147 
Not to be placed in dangerous location, - - : 96 
All short and unsound forfeited to hospital, -— - S 147 
Carts and drays to be marked, and not to carry, with one 
horse, more than one-third of a cord at a load, - 148 
Sellers shall set up posts to measure, - - - = 149 
Inspector of, shall have office, keep account, and report, - 150 
Fees for,  - - - - a ; 2 150 
Shall mark each parcel of, - - - ~ = 150 
‘¢ require owner to produce a license, . - - 150 
WOOD. 5 
Not to be deposited in public square, . - - 265 
| af ‘é “« streets, - - - ‘ 336 
WORK. 
On buildings, how inspected, - - - - 163, 170 
- 168 


Fees for, - - - . das : 


274 INDEX TO ORDINANCES. 


WORK-HOUSE. , SECTION 
' Offender failing to pay.fine, confined in, = - - - 7 
Building occupied as city prison to be used as work-house 
until otherwise provided, - - - + - 416 
Prisoners to be confined therein, - - - - 416, 418 
Rules and regulations for the working of prisoners sentenced 
by the mayor’s court, - - : - - 418 
WORSHIP. | 
Places of religious, not to be disturbed, - - - 296, 305 
WRITING. 
Includes “ printing,” - - - - - - a7 
YARD. 
Of house, shall be kept clean, - - - - 106 
May be examined by board of health, uve - 104, 105 
ef “1 “* fire wardens, - - - 95 
Fire arms, or works, not to be discharged in, - - - 97 
Filth, &c., from, to be placed in front of premises, ‘Tuesday, 
Thursday and Saturday, - . - - 111 
Mayor may require to be cleansed and purified, - 112 
Side-walk before, be swept every day, - : - 336 
i required, how made, - - - 352, 353 
YEAR. 
Municipal, what is, - - - - > 28 
What is, for licenses, - - - - : ° 28 


66 (73 


taxes, - ‘ - - rs 372 


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